Waikato BOP H 23 March 2023 – R2 – Kyle Marshall

EVIDENCE:

Following the running of Race 2, the Lauriston Park Mobile Pace, Mr Mulcay presented an Information charging Mr K Marshall, the Driver of ‘WHAREWHITI” with a breach of Rule 869(2) of the Whip and Rein Regulations.

Mr Mulcay identified with reference to the race film, that “WHAREWHITI”, a firm favourite leading in the home straight, and looking to be the possible winner, was struck with the whip by Mr Marshall with more than a wrist flicking motion, during the run home, on at least 5 occasions.  “WHAREWHITI” was headed just short of the finish and finished second.

DECISION:

As Mr Marshall admitted the breach, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Marshall has had a previous breach of the Whip Regulations 2 months ago, on 26 January 2023, for which he was suspended for 3 days.  The present breach was in the mid range, (not lower) level, and the HRNZ Penalty Guide provides a starting point of 4 days suspension.  Mr Mulcay contended that a penalty of at least that degree was appropriate.

Mr Marshall said he had erred when he got a bit excited as he was close to winning the race, and he accepted a suspension of his Licence to drive should follow.

REASONS FOR PENALTY:

The Adjudicative Committee sees no reason why the penalty provided in the Guide should not be applied.  This was mid range offending, involving 5 strikes when nearing the finish, of a horse which finished second.

CONCLUSION:

Accordingly, Mr Marshall’s Licence to drive was suspended for 4 days, to commence at the conclusion of racing at Alexandra Park on 24 March 2023 and to end at the conclusion of racing at Cambridge on 14 April 2023.