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

Created on 26 February 2018

Rules:
869(2)
Committee:
PKnowles (chair)
GHall
Name(s):
Mr A Kyle - Open Horseman
Informant
Mr L Tidmarsh - Stipendiary Steward
Information Number
A10408
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

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.

Decision:

Mr Kyle admitted the charge and it is found proved.

Submission 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.

Penalty:

Mr Kyle is fined $200.

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