Gore HRC 28 September 2025 – R6 – Alister Kyle

BACKGROUND

Following the running of Race 6, Open Driver Alister Kyle admitted a breach of Whip Rule 869(2). The particulars of the charge were that, when driving KYLE LOCH, 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 Whip and Rein Regulations made by the Board.

The Whip and Rein Regulations, in part, provide:

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.

3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:

3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

At the start of the hearing, Mr Kyle confirmed his admission of the breach and that he understood the relevant Rule and Regulations.

EVIDENCE

Mr Munro used the available race videos to identify the Respondent rounding the final bend one out and one back with KYLE LOCH. From approximately the 220 metre mark to the 50 metre mark, Mr Kyle was shown delivering a series of whip strikes that employed the use of his elbow.

Stewards alleged that Mr Kyle urged his horse with more than a wrist flicking motion for some 170 metres before adopting a compliant style of whip use for the last 50 metres of the race, Mr Munro said.

KYLE LOCH finished in 4th place.

Mr Kyle accepted the evidence presented by the Stewards.

DECISION

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

PENALTY SUBMISSIONS

Stewards produced the Respondent’s record, which showed that Mr Kyle had had 46 drives this season and 72 the last. His lifetime drives stood at 1025. Mr Kyle had a clear record under the Whip Rule, Mr Munro said.

Stewards deemed this to be a mid-level breach because Mr Kyle had complied with the Whip and Rein Regulations for the last 50 metres of the race. The Racing Integrity Board’s Harness Racing Penalty Guide provided a starting point of a $500 fine or a 2-day suspension in these circumstances, Mr Munro said. He added that Mr Kyle, in speaking with Stewards, had expressed a preference for a suspension.

Mr Kyle confirmed this preference to the Adjudicative Committee and further said that he would like any suspension to begin straight away.

REASONS FOR PENALTY

Mr Kyle uses the whip for some 170 metres in the home straight with more than a wrist flicking motion. The race videos clearly show an unacceptable use of the right elbow. The Respondent changes to a compliant style with the whip and reins in the closing 50 metres of the race.

The RIB’s Harness Racing Penalty Guide defines a mid-level breach of the Whip and Rein Regulations as when the driver “inadvertently uses the old whipping style for approximately 50m or more before returning to a compliant style.”

The Adjudicative Committee finds, by definition, that this particular breach is mid-level.

The Penalty Guide provides a starting point of a $500 fine or 2-day suspension for a first breach of the Whip Rule found to be mid-level.

In light of the Respondent’s preference, the Adjudicative Committee adopts a starting point of a 2-day suspension, and further notes that Mr Kyle confines his race driving to the Otago-Southland region.

There are no aggravating or mitigating factors to sway the Adjudicative Committee from the starting point.

CONCLUSION

Driver Alister Kyle is suspended for two days, from the conclusion of racing on 28 September 2025, up to and including 9 October 2025. The meetings affected by the period of suspension are: Wyndham HRC (2 October) and Northern Southland TC (9 October).