Wyndham HRC 6 January 2011 – R 11 (heard 4 February 2011 at Forbury Park)
ID: JCA19212
Hearing Type (Code):
harness-racing
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr C Allison – Stipendiary Steward
Defendant: Mr A Kyle – Licensed Horseman
Information No: 68854
Meeting: Wyndham Harness Racing Club (heard 4 February 2011 at Forbury Park)
Date: 6 January 2011
Venue: Cromwell
Race: 11
Rule No: 869(2)(a)
Judicial Committee: G Hall , Chairman – D Steel, Committee Member
Plea: Admitted
FACTS:
Mr Allison alleged that Mr A Kyle (IMA LOCH) used his whip excessively in the home straight.
Mr Allison demonstrated on the video that the defendant had used the whip some 24 times in the home straight without respite.
Mr Allison said the strikes were forceful; the defendant was not merely tapping his horse.
Mr Kyle said the horses were ridden by his daughters and there were no marks on the horse after the race. He accepted the count of 24 strikes and was aware he needed to change his whip action and had done so when driving this evening.
Mr Kyle admitted the breach. We thus find the breach proved.
Mr Allison produced the defendant’s record which evidenced 4 previous breaches of this rule; one in 2007; 2 at the correspondingly meeting a year ago; and one earlier on the day in question. Mr Kyle had been both fined and suspended in respect of these breaches.
Mr Kyle said he had about 20 to 30 drives per season. He made no further submission.
DECISION:
Mr Kyle you have admitted a breach of r 869(3)(a) in that you used your whip excessively in race 11 at Cromwell on 6 January last. You have accepted that there were 24 strikes with the whip in the straight and you have explained that it is a long straight at Cromwell and that you have been caught out on that particular course before. Mr Allison has said these were not taps but were reasonably forceful hits. It was the frequency that was of prime concern to him on this occasion. We also note that you have accepted that you need to change your whip action and we note that tonight is an example of that. We encourage your actions in this regard as we do not want to see you in the room again in respect of a breach of this rule.
We note that on the same track a year earlier you had 2 breaches of this rule on the same day. Nonetheless, this particular breach is again aggravated by the fact that this was the second breach of the rule on the same day. You had been before the committee only some 3 hours earlier and that committee had expressed to you the fact that should not be in breach of the rule in your drive in the last race of the day and you assured it that you would not be so silly to repeat your actions of a year earlier. Yet you did.
The mitigating factor is that you have readily admitted the breach and you have been open and honest with this committee this evening. Mr Allison has submitted that a fine of $350 or a suspension of 2 days is appropriate. You have said to us that your horses are a hobby and have not made any further submission with respect to penalty.
We believe a combination of a fine and suspension is appropriate. We need to bring home to you the seriousness of this breach and we need to deter you from similar future conduct and to hold you accountable. You are suspended from the end of racing on Sunday 6 February up to and including 15 February (3 days) and you are also fined the sum of $200.
Decision Date: 06/01/2011
Publish Date: 06/01/2011
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: 343f3813c14274ea9b3f9a307bf9e1bf
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hearing_racingtype: harness-racing
startdate: 06/01/2011
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decisiondate: no date provided
hearing_title: Wyndham HRC 6 January 2011 - R 11 (heard 4 February 2011 at Forbury Park)
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submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr C Allison – Stipendiary Steward
Defendant: Mr A Kyle – Licensed Horseman
Information No: 68854
Meeting: Wyndham Harness Racing Club (heard 4 February 2011 at Forbury Park)
Date: 6 January 2011
Venue: Cromwell
Race: 11
Rule No: 869(2)(a)
Judicial Committee: G Hall , Chairman – D Steel, Committee Member
Plea: Admitted
FACTS:
Mr Allison alleged that Mr A Kyle (IMA LOCH) used his whip excessively in the home straight.
Mr Allison demonstrated on the video that the defendant had used the whip some 24 times in the home straight without respite.
Mr Allison said the strikes were forceful; the defendant was not merely tapping his horse.
Mr Kyle said the horses were ridden by his daughters and there were no marks on the horse after the race. He accepted the count of 24 strikes and was aware he needed to change his whip action and had done so when driving this evening.
Mr Kyle admitted the breach. We thus find the breach proved.
Mr Allison produced the defendant’s record which evidenced 4 previous breaches of this rule; one in 2007; 2 at the correspondingly meeting a year ago; and one earlier on the day in question. Mr Kyle had been both fined and suspended in respect of these breaches.
Mr Kyle said he had about 20 to 30 drives per season. He made no further submission.
DECISION:
Mr Kyle you have admitted a breach of r 869(3)(a) in that you used your whip excessively in race 11 at Cromwell on 6 January last. You have accepted that there were 24 strikes with the whip in the straight and you have explained that it is a long straight at Cromwell and that you have been caught out on that particular course before. Mr Allison has said these were not taps but were reasonably forceful hits. It was the frequency that was of prime concern to him on this occasion. We also note that you have accepted that you need to change your whip action and we note that tonight is an example of that. We encourage your actions in this regard as we do not want to see you in the room again in respect of a breach of this rule.
We note that on the same track a year earlier you had 2 breaches of this rule on the same day. Nonetheless, this particular breach is again aggravated by the fact that this was the second breach of the rule on the same day. You had been before the committee only some 3 hours earlier and that committee had expressed to you the fact that should not be in breach of the rule in your drive in the last race of the day and you assured it that you would not be so silly to repeat your actions of a year earlier. Yet you did.
The mitigating factor is that you have readily admitted the breach and you have been open and honest with this committee this evening. Mr Allison has submitted that a fine of $350 or a suspension of 2 days is appropriate. You have said to us that your horses are a hobby and have not made any further submission with respect to penalty.
We believe a combination of a fine and suspension is appropriate. We need to bring home to you the seriousness of this breach and we need to deter you from similar future conduct and to hold you accountable. You are suspended from the end of racing on Sunday 6 February up to and including 15 February (3 days) and you are also fined the sum of $200.
sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
Rules: 869(2)(a)
Informant:
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