Invercargill HRC 7 May 2022 – R2 – Alister Kyle

Background:

After the conclusion of Race 2 Homestead Trot 2700m, Information A13852 was lodged by Stipendiary Steward Mr Vinny Munro, under Rule 869(2) Whip and Rein Regs, alleging that Mr A Kyle (KYLE LOCH) used his whip with more than a wrist flicking motion in the run home.

Mr Kyle did not admit the breach and confirmed that he understood the Rule.

Rule 869(2) reads as follows: 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.

Mr Munro asked Stipendiary Steward Miss Haley to highlight the incident using the appropriate video clips. Miss Haley pointed out that Mr Kyle has used his whip with his elbow and his shoulder being elevated which was in breach of the Rule.

Mr Kyle stated that he had an issue with the Rule itself and the inconsistency of its implementation.

Mr Munro highlighted that Mr Kyle had been given a warning 9 drives ago for a similar incident, and that is why the charge of the breach had been laid today.

Decision:

The breach is upheld and therefore the charge is proved.

Penalty Submissions:

Mr Munro stated that Mr Kyle had 819 lifetime drives, 54 last season and 18 this season.

Mr Munro confirmed that Mr Kyle had no previous charge under this Rule, and that he believed that the breach was at the low end of the scale.

Mr Munro stated that the Penalty Guide in this instance was a $200 fine.

Reasons For Penalty:

The race films of the incident are very clear and there are no mitigating or aggravating factors in this instance.

A fine of $200 was deemed appropriate.

Conclusion:

The Adjudicative Committee fined Mr Kyle the sum of $200.