Wyndham HRC – 6 January 2011 – R3
ID: JCA12281
Meet Title:
Wyndham HRC - 6 January 2011
Meet Chair:
Ghall
Meet Committee Member 1:
NSkelt
Race Date:
2011/01/06
Race Number:
R 3
Decision:
We find the breach proved.
Penalty:
We believe a fine of $200 is sufficient to hold the defendant accountable for his actions.
Charge:
Mr Allison, stipendiary steward, alleged that Mr A Kyle (LE ROCKET) used his whip excessively in the home straight.
Facts:
Mr Allison demonstrated on the video that the defendant had used his whip 23 times on LE ROCKET in the home straight.
Submissions for Decision:
Mr Allison accepted there were 2 very slight pauses but other than this he believed the use of the whip was continuous. He noted that the defendant had changed his action to give the horse a few backhanders near the finishing line and that the defendant had stopped using the whip once he was aware he had the other horses covered.
Mr Kyle said he had been caught out by the length of the straight. The tracks he usually drove at in Southland had straights of 200 to 250 metres, at the most. He said he would not have used the whip in the latter stages had his horse not wanted to duck in and that he had stopped using the whip just before the line when he realised he had the race won. He said he does not thrash his horses if they could not run in the money and that this race was the survival of the fittest.
Reasons for Decision:
Mr Kyle admitted the breach.
Submissions for Penalty:
Mr Allison said the breach was at the lower end of the scale and acknowledged the defendant’s record was clear in the past 12 months, although he noted the defendant had been in breach of this rule on 2 occasions at this very meeting last year. He said the breaches on that occasion were graver than the one today. He submitted it was appropriate that this Committee start with a clean slate and that a fine of $200 was appropriate.
Mr Kyle did not disagree with the submissions of Mr Allison.
Reasons for Penalty:
We count 23 strikes with the whip in the straight. We agree with Mr Allison that the breach is at the lower end of the scale. We note that there were very brief respites in the use of the whip and the change in action to back-handers near the finishing line. We accept this was a consequence of the defendant wishing to keep the horse running straight
The defendant has admitted the breach at the first opportunity and we believe Mr Allison has been very fair to the defendant in submitting we treat him as a first offender. We also take into account that the defendant misjudged the length of the straight and stopped the use of the whip once he had the other horses covered.
JCA Decision Fields (raw)
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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: 493907a83f7281f4fdfdee826d09288e
informantnumber: 68853
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Wyndham HRC - 6 January 2011 - R3
charge:
Mr Allison, stipendiary steward, alleged that Mr A Kyle (LE ROCKET) used his whip excessively in the home straight.
facts:
Mr Allison demonstrated on the video that the defendant had used his whip 23 times on LE ROCKET in the home straight.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison accepted there were 2 very slight pauses but other than this he believed the use of the whip was continuous. He noted that the defendant had changed his action to give the horse a few backhanders near the finishing line and that the defendant had stopped using the whip once he was aware he had the other horses covered.
Mr Kyle said he had been caught out by the length of the straight. The tracks he usually drove at in Southland had straights of 200 to 250 metres, at the most. He said he would not have used the whip in the latter stages had his horse not wanted to duck in and that he had stopped using the whip just before the line when he realised he had the race won. He said he does not thrash his horses if they could not run in the money and that this race was the survival of the fittest.
reasonsfordecision:
Mr Kyle admitted the breach.
Decision:
We find the breach proved.
sumissionsforpenalty:
Mr Allison said the breach was at the lower end of the scale and acknowledged the defendant’s record was clear in the past 12 months, although he noted the defendant had been in breach of this rule on 2 occasions at this very meeting last year. He said the breaches on that occasion were graver than the one today. He submitted it was appropriate that this Committee start with a clean slate and that a fine of $200 was appropriate.
Mr Kyle did not disagree with the submissions of Mr Allison.
reasonsforpenalty:
We count 23 strikes with the whip in the straight. We agree with Mr Allison that the breach is at the lower end of the scale. We note that there were very brief respites in the use of the whip and the change in action to back-handers near the finishing line. We accept this was a consequence of the defendant wishing to keep the horse running straight
The defendant has admitted the breach at the first opportunity and we believe Mr Allison has been very fair to the defendant in submitting we treat him as a first offender. We also take into account that the defendant misjudged the length of the straight and stopped the use of the whip once he had the other horses covered.
penalty:
We believe a fine of $200 is sufficient to hold the defendant accountable for his actions.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr C Allison
JockeysandTrainer: Mr A Kyle
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cfc2d307f3b067d9ddf191f2a53bd901
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1ea80076dd0ad0c8509cd8aa024cc198
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/01/2011
meet_title: Wyndham HRC - 6 January 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: Ghall
meet_pm1: NSkelt
meet_pm2: none
name: Wyndham HRC