Invercargill HRC 5 June 2023 – R1 – Alister Kyle

ID: RIB22698

Respondent(s):
Alister Kyle - Driver

Applicant:
Mr Vinny Munro, Stipendiary Steward

Adjudicators:
Geoff Hall

Information Number:
A17125

Decision Type:
Race Related Charge

Charge:
whip used with more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
ASK ME LOU

Code:
Harness

Race Date:
05/06/2023

Race Club:
Invercargill Harness Racing Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R1

Hearing Date:
05/06/2023

Hearing Location:
Invercargill

Outcome: Proved

Penalty: Driver Alister Kyle is fined $250

Mr Munro alleged that in Race 1 Mr Kyle (ASK ME LOU), used his whip with more than a wrist flicking motion in the run home.

Mr Munro demonstrated the incident on the videos. As the field exited the home bend and proceeded to race down the straight, the Respondent, who was racing in the trail, used his wrist in more than a flicking motion.

Mr Kyle accepted that it was clear on the videos that he had breached the Rule and agreed with Mr Munro’s assessment. He pointed out he had returned to a compliant style.

Decision

As Mr Kyle has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Mr Kyle had had 36 drives this season and 43 the last. He had no breaches of this Rule but had been warned in December of last year. Mr Munro submitted the breach was at the lower level.

Reasons for Penalty

The breach is low-range. Mr Kyle, who was in the trail, has used his whip in breach of the Whip Rule and the Whip and Rein Regulations as the field exited the bend and at the top of the home straight. The Penalty Guide provides a starting point of a fine of $300 or a 2-day suspension for a first such breach. Mitigating factors are that Mr Kyle has an excellent record under this Rule and has returned to a compliant style.

Conclusion

Mr Kyle is fined the sum of $250.

Decision Date: 05/06/2023

Publish Date: 07/06/2023