Archive Decision

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Wyndham HRC – 7 January 2010 – Race 5, Race 6

ID: JCA20777

Hearing Type:
Old Hearing

Rules:
869.2.a

Hearing Type (Code):
harness-racing

Meet Title:
Wyndham HRC - 7 January 2010

Race Date:
2010/01/07

Race Number:
Race 5

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION
Information No. 67432

--

Wyndham Harness Racing Club
07 January 2010
Cromwell
Race 5 & 6
Rule 869 (2) (a)
Judicial Chairman N Skelt   Committee A Dennis
Plea Admitted
Appearing Informant :  Mr P T Knowles, Stipendiary Steward
Defendant  : Mr A W Kyle

--

Following the running of Race 6, The RKBM Ltd (Local Meadowfresh Milkmen) Fillies and Mares Mobile Pace, an information # 67432 was laid by Stipendiary Steward Mr P Knowles alleging a breach of Rule 869 (2) (a) in that Mr A W Kyle used his whip excessively in Race 5 (BAD MAN RISING) and Race 6 (IMA LOCH) over the final 300m.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION
Information No. 67432
Wyndham Harness Racing Club
07 January 2010
Cromwell
Race 5 & 6
Rule 869 (2) (a)
Judicial Chairman N Skelt Committee A Dennis
Plea Admitted
Appearing Informant :  Mr P T Knowles, Stipendiary Steward
Defendant  : Mr A W Kyle

--

Following the running of Race 6, The RKBM Ltd (Local Meadowfresh Milkmen) Fillies and Mares Mobile Pace, an information # 67432 was laid by Stipendiary Steward Mr P Knowles alleging a breach of Rule 869 (2) (a) in that Mr A W Kyle used his whip excessively in Race 5 (BAD MAN RISING) and Race 6 (IMA LOCH) over the final 300m.

--

Mr Kyle admitted the breach in both instances.

--

Rule 869 (2) (a) reads : No horseman shall during any race (a) Use his whip in an unnecessary, excessive or improper manner.

--

Mr Knowles used video film to demonstrate where in Race 5 Mr Kyle had used the whip approximately 26 times continuously from the 250m mark, and again used video film of the final 300m of Race 6 to illustrate where Mr Kyle had used the whip approximately 24 times.  Mr Knowles explained to the Committee that he felt that in both instances Mr Kyle had used the whip excessively.

--

Mr Kyle admitted both offences and in offering some explanation for the second offence, explained that the horse (IMA LOCH) was very lazy and needed constant reminders to keep his ‘mind on the job’.

--

Before considering penalty, the Committee asked Mr Knowles for Mr Kyle’s previous driving record and for a suggested range of penalties.  Mr Knowles said that to his knowledge Mr Kyle had had no similar offence over the past 12 months and that he was seeking a suspension or a fine at the higher end of the scale ($400) – stating that this was two offences of a similar nature in consecutive races.

--

Mr Kyle stated that his preference was for a fine.

--

DECISION

--

After adjourning to consider its decision, the Committee decided to suspend Mr Kyle from driving up to and including 28 January 2010, effectively five meetings in Otago / Southland.  The Committee was satisfied that the gravity of the combined breaches of the Rule necessitated a suspension of five race days.

--


Nigel Skelt    Alan Dennis
Chairman      Committee Member
67432

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: 907c792d2dfad3e76253517051ee8494


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 07/01/2010


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Wyndham HRC - 7 January 2010 - Race 5, Race 6


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

RACEDAY JUDICIAL COMMITTEE DECISION
Information No. 67432

--

Wyndham Harness Racing Club
07 January 2010
Cromwell
Race 5 & 6
Rule 869 (2) (a)
Judicial Chairman N Skelt   Committee A Dennis
Plea Admitted
Appearing Informant :  Mr P T Knowles, Stipendiary Steward
Defendant  : Mr A W Kyle

--

Following the running of Race 6, The RKBM Ltd (Local Meadowfresh Milkmen) Fillies and Mares Mobile Pace, an information # 67432 was laid by Stipendiary Steward Mr P Knowles alleging a breach of Rule 869 (2) (a) in that Mr A W Kyle used his whip excessively in Race 5 (BAD MAN RISING) and Race 6 (IMA LOCH) over the final 300m.

--

 



RACEDAY JUDICIAL COMMITTEE DECISION
Information No. 67432
Wyndham Harness Racing Club
07 January 2010
Cromwell
Race 5 & 6
Rule 869 (2) (a)
Judicial Chairman N Skelt Committee A Dennis
Plea Admitted
Appearing Informant :  Mr P T Knowles, Stipendiary Steward
Defendant  : Mr A W Kyle

--

Following the running of Race 6, The RKBM Ltd (Local Meadowfresh Milkmen) Fillies and Mares Mobile Pace, an information # 67432 was laid by Stipendiary Steward Mr P Knowles alleging a breach of Rule 869 (2) (a) in that Mr A W Kyle used his whip excessively in Race 5 (BAD MAN RISING) and Race 6 (IMA LOCH) over the final 300m.

--

Mr Kyle admitted the breach in both instances.

--

Rule 869 (2) (a) reads : No horseman shall during any race (a) Use his whip in an unnecessary, excessive or improper manner.

--

Mr Knowles used video film to demonstrate where in Race 5 Mr Kyle had used the whip approximately 26 times continuously from the 250m mark, and again used video film of the final 300m of Race 6 to illustrate where Mr Kyle had used the whip approximately 24 times.  Mr Knowles explained to the Committee that he felt that in both instances Mr Kyle had used the whip excessively.

--

Mr Kyle admitted both offences and in offering some explanation for the second offence, explained that the horse (IMA LOCH) was very lazy and needed constant reminders to keep his ‘mind on the job’.

--

Before considering penalty, the Committee asked Mr Knowles for Mr Kyle’s previous driving record and for a suggested range of penalties.  Mr Knowles said that to his knowledge Mr Kyle had had no similar offence over the past 12 months and that he was seeking a suspension or a fine at the higher end of the scale ($400) – stating that this was two offences of a similar nature in consecutive races.

--

Mr Kyle stated that his preference was for a fine.

--

DECISION

--

After adjourning to consider its decision, the Committee decided to suspend Mr Kyle from driving up to and including 28 January 2010, effectively five meetings in Otago / Southland.  The Committee was satisfied that the gravity of the combined breaches of the Rule necessitated a suspension of five race days.

--


Nigel Skelt    Alan Dennis
Chairman      Committee Member
67432


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reasonsforpenalty:


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hearing_type: Old Hearing


Rules: 869.2.a


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