Winton HRC 25 May 2024 – R4 – Alister Kyle

BACKGROUND

Following the running of Race 4, Open Driver Alister Kyle, admitted a breach of Whip Rule 869(2).  The particulars of the charge are that, when driving BUCKIE DUNDEE, he used his whip with more than a wrist flicking motion in the run home.

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

EVIDENCE

Mr Munro used the available films to identify Mr Kyle challenging 3 wide with BUCKIE DUNDEE upon entering the home straight. Mr Munro said there were three or perhaps four whip strikes in which Mr Kyle used more than a wrist flicking motion. Mr Kyle had returned to a compliant style of whip use in the closing 100 metres, Mr Munro said.

Mr Kyle accepted he had breached the Whip Rule for three strikes in the home straight.

DECISION

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

PENALTY SUBMISSIONS

Mr Munro produced the Respondent’s record, which showed that Mr Kyle has had 35 drives this season and 63 the last. Mr Kyle has a clear record under this Rule, though was warned about his whip use 9 drives previously. Stewards deemed this to be a low-end breach because Mr Kyle had returned to a compliant style. The Penalty Guide provides a starting point of a $300 fine in these circumstances, Mr Munro said.

My Kyle said he was prepared to accept a $300 fine or lower.

REASONS FOR PENALTY

Mr Kyle has used the whip on at least three occasions in the home straight with more than a wrist flicking motion. He returned to a compliant style with the whip and reins in the closing 100 metres of the race. The Adjudicative Committee finds this is a low level breach. The Penalty Guide provides a starting point of a $300 fine or 2 days suspension for a low level 1st breach of the Whip Rule. There are no aggravating or mitigating factors to sway the Adjudicative Committee from this position.

CONCLUSION

Open Driver Alister Kyle is fined $300.