Archive Decision

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Waikouaiti TC 24 February 2018 – R 12 – Chair, Mr P Knowles

ID: JCA10725

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr A Kyle - Open Horseman

Information Number:
A10408

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)

Plea:
admitted

Meet Title:
Waikouaiti HRC - 24 February 2018

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2018/02/24

Race Number:
R 12

Decision:

Mr Kyle admitted the charge and it is found proved.

Penalty:

Mr Kyle is fined $200.

Facts:

Following the running of Race 12 the Pick & Shovel Wine/Waihemo Lodge Mobile Pace, Stewards charged M A Kyle with a breach of r 869 (2) in that “A Kyle (man I’m Good) exceeded the permitted number of strikes (whip) over the final 400m

Rule 869 (2) reads:
No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Kyle admitted the breach and did not attend the hearing.

Mr Tidmarsh, with the aid of the video replays, stated MAN I'M GOOD (A Kyle) was placed at the rear of the field on the pole line on entering the home straight. Mr Kyle angled his horse out wider to secure a run and from the 250m mark to the finish struck MAN I'M GOOD 12 times. Mr Kyle’s whip action was steady and there were no pauses or breaks between strikes.

Submissions for Penalty:

Mr Tidmarsh said Mr Kyle had one previous breach of the rule in May 2017. Mr Kyle had admitted the breach and had a clear record in the past six months and he regarded this as a first offence. The JCA Penalty Guide recommended a starting point of $200.

Reasons for Penalty:

Mr Kyle admitted the breach and has a good record. Mr Kyle’s use of the whip (12 strikes) places the breach at the low end of the scale and a fine at the low end is appropriate.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 096eac6938f2ff1b3fb68908f1a17649


informantnumber: A10408


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 26/02/2018


hearing_title: Waikouaiti TC 24 February 2018 - R 12 - Chair, Mr P Knowles


charge:


facts:

Following the running of Race 12 the Pick & Shovel Wine/Waihemo Lodge Mobile Pace, Stewards charged M A Kyle with a breach of r 869 (2) in that “A Kyle (man I’m Good) exceeded the permitted number of strikes (whip) over the final 400m

Rule 869 (2) reads:
No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Kyle admitted the breach and did not attend the hearing.

Mr Tidmarsh, with the aid of the video replays, stated MAN I'M GOOD (A Kyle) was placed at the rear of the field on the pole line on entering the home straight. Mr Kyle angled his horse out wider to secure a run and from the 250m mark to the finish struck MAN I'M GOOD 12 times. Mr Kyle’s whip action was steady and there were no pauses or breaks between strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Kyle admitted the charge and it is found proved.


sumissionsforpenalty:

Mr Tidmarsh said Mr Kyle had one previous breach of the rule in May 2017. Mr Kyle had admitted the breach and had a clear record in the past six months and he regarded this as a first offence. The JCA Penalty Guide recommended a starting point of $200.


reasonsforpenalty:

Mr Kyle admitted the breach and has a good record. Mr Kyle’s use of the whip (12 strikes) places the breach at the low end of the scale and a fine at the low end is appropriate.


penalty:

Mr Kyle is fined $200.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr A Kyle - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a9ca1a3bab6419bf2234168e73af5b57


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 12


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2bd3336201214c8b5b430fb871a736e2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/02/2018


meet_title: Waikouaiti HRC - 24 February 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikouaiti-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Waikouaiti HRC