Auckland TC 4 March 2022 – R1 – Kyle Marshall

Following the running of the DUNSTAN SPEEDFEED SUMMER SERIES HANDICAP TROT an Information was lodged by Senior Stipendiary Steward Mr Steve Mulcay against Open Driver Mr Kyle Marshall alleging that Mr Marshall as the Driver of PRESIDENTIAL JEWEL used his whip with more than a wrist flicking motion in the run home.

Rule 869(2) provides: No driver shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board

The Whip and Rein Regulations in part 3.1 provide: 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.

Mr Marshall was present at the hearing and he advised the Adjudicative Committee that he admitted the breach.

Mr Mulcay demonstrated the incident by use of the race films and he identified PRESIDENTIAL JEWEL and its Driver Mr Marshall. He showed where Mr Marshall was 3 back on the markers approaching the 100 metres mark and when improving in the run home he used his whip with more than a wrist flicking motion. He said that Mr Marshall’s use of the whip in the last 100 metres included some strikes that were acceptable but a number were not.

Mr Marshall did not have much to put to the Adjudicative Committee apart from acknowledging that a number of his strikes were with more than a wrist flicking motion. He said that he was in contention for a placing in the race and this may have contributed to him temporarily using the whip incorrectly.

DECISION:

The Breach is admitted and therefore the charge is proved.

PENALTY SUBMISSIONS:

Mr Mulcay said that Mr Marshall had a good record under this Rule and he said that the incident was low in terms of seriousness. He said that the Whip Guidelines in this instance provide for a penalty of a fine of $200 and that is what the Stewards were asking for.

Mr Marshall accepted Mr Mulcay’s submissions.

PENALTY REASONS:

The race films clearly show the breach and quite correctly Mr Marshall has admitted it. He has a good record under this Rule and the Whip Guidelines do provide for a fine of $200.

CONCLUSION:

This Adjudicative Committee imposes a $200 fine on Mr Marshall.