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Invercargill HRC 22 May 2021 - R 4 - Chair, Mr N Skelt

Created on 24 May 2021

Rules:
869(2)
Committee:
NSkelt (chair)
Name(s):
Mr A W Kyle - Driver of MAN I'M GOOD
Miss R Haley - Stipendiary Steward
Informant
Mr V Munro - Stipendiary Steward
Information Number
A10682
Plea:
Admitted
Charge:
Whip and Rein Regulations
Evidence:

After the running of Race 4 the Regent Car Court Mobile Pace, Information A10682 was lodged by Stipendiary Steward Mr V Munro, alleging A Kyle (Man I’m Good) used his whip free of the rein on several occasions in the run home.

Mr Kyle admitted the charge and appeared at the hearing, and confirmed he understood the Rule.

The rule reads:

Rule 869 provides as follows:

(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

(3.3) A driver shall not use a whip in an unapproved manner.

(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.1 If the whip is applied other than as permitted in clause 3.1.

Miss Haley with the use of the videos highlighted Mr Kyle (Man I’m Good), who was racing in the trailing position entering the home straight. Miss Haley identified Mr Kyle using his whip and rein action from about the 200m mark to the winning post on 10 occasions using more than a wrist flicking action.

Mr Kyle said he had misinterpreted the Rule and made an error of judgement.

Decision:

Mr Kyle admitted the charge and it is found proved.

Submission For Penalty:

Mr Munro stated Mr Kyle has had 775 Lifetime Drives, 36 last season and 28 this season. Mr Munro added Mr Kyle currently had 3 horses in work and on occasions drove 2 of them on a southern race day.

Mr Munro stated that the breach in his opinion was at the high end.

The JCA Penalty Guide provides a starting point of a 3 day suspension in this instance of the breach.

Mr Kyle had no submissions on the penalty.

Reasons For Penalty:

After considering the submissions the Committee took into account Mr Kyle's limited driving opportunities and his early admittance of the breach. It agreed that the breach was at the high end and was not a satisfactory look for the Industry and animal welfare.

Penalty:

Mr Kyle's license is suspended from the close of racing on the 22nd May 2021 up to and including 10th June 2021 (3 days).

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