Invercargill HRC 7 June 2024 – R1 – Alister Kyle

Following the running of Race 1, Mr Kyle admitted a breach of r 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.

Miss Haley used the available films to identify Mr Kyle challenging 2 wide with BUCKIE DUNDEE upon entering the home straight. Miss Haley said there were 6 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 Kyle accepted he had breached the Whip Rule for the 6 strikes in the home straight.

DECISION

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

PENALTY SUBMISSIONS

Ms Haley produced the Respondent’s record, which showed that Mr Kyle has had 40 drives this season and 63 the last. Mr Kyle has a breach of this Rule on 25 May this year, when he was fined $300. Miss Haley described the breach as low-end, because Mr Kyle had returned to a compliant style.

My Kyle did not make any submissions as to penalty, other than to request a deferment of any suspension until after 15 June.

REASONS FOR PENALTY

Mr Kyle has used the whip on 6 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 3 day suspension for a low level second breach of the Whip Rule. There are no aggravating or mitigating factors.

CONCLUSION

Mr Kyle’s application for a deferment is granted.

Mr Kyle is suspended after racing on 15 June 2024, up to and including 1 August 2024 – 3 days.