Riverton TC 3 March 2023 – R10 – Oliver Kite

Background

Following the running of Race 10, Fear the Dragon at Macca Lodge Mobile Pace, Oliver Kite (Junior Driver) admitted a breach of Rule 869(2) in that as the Driver of ARNIES ARMY he used his whip in more than a wrist flicking motion rounding the final bend.

The Respondent admitted the breach and confirmed he understood the Rule.

Rule 869 provides:

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

The Whip and Rein Regulations provide:

(3) (1 ) A driver may only apply a whip in a wrist flicking motion holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

Evidence

Stipendiary Steward Miss Rebecca Haley, used the video clips to highlight Mr Kite using his whip on four occasions rounding the final bend.

Mr Kite  said his horse was not going that well prior to the bend, and he had made an error of judgement in using his whip in that manner.

Mr Nathan Williamson, who was supporting the Respondent, agreed with both Miss Haley and Mr Kite’s summation.

Decision

The breach is admitted and therefore deemed proved.

Submissions for Penalty

Mr Munro stated Mr Kite has had 236 lifetime drives, 94 last season and 15 this season. He received a warning on 6 November 2022. Mr Munro believed the breach to be low end, with the Penalty Guide having a starting point of a $300 fine.

Mr Kite had no submissions on penalty.

Reason for Penalty

The Adjudicative Committee was satisfied there was a clear breach of the Rule, which was supported by the video evidence.

The Adjudicative Committee also believed the breach was at the low end, and that a $100 reduction to penalty was appropriate, with consideration also being made to the early admittance of the breach.

Conclusion

The Respondent, Junior Driver Oliver Kite, was fined the sum of $200.