Waikato BOP H 26 January 2023 – R2 – Kyle Marshall

Mr Dooley alleged that in Race 2, Mr Marshall (KINGSWOOD) used his whip with more than a wrist flicking motion in the run home.

Mr Dooley demonstrated the incident on the videos. As the field  proceeded down the straight, the Respondent, who was racing on the outside of the track, used his wrist in more than a flicking motion for a distance of more than 50 metres.

Mr Marshall accepted that it was clear on the videos that he had breached the Rule and agreed with Mr Dooley’s assessment.

Decision

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

Submissions as to Penalty

Mr Dooley produced the Respondent’s record which showed that Mr Marshall had a breach of this Rule on 8 September 2022. His record was clear under the Whip Rule since that time.

Mr Dooley submitted the breach was mid-range and that a penalty of a 4-day suspension was appropriate.

Mr Marshall did not seek a deferment.

Reasons as to Penalty

The breach is mid-range. Mr Marshall has used his whip in breach of the Whip Rule and the Whip and Rein Regulations for a period in excess of 50 metres in the home straight when making a run down the outside of the track. The Penalty Guide provides a starting point of a fine of $500 or a 2-day suspension for a first such breach. This is the Respondent’s second breach, and a suspension is accordingly appropriate. A one-day uplift is applied.

Conclusion

Mr Marshall is suspended from driving from the end of the meeting this evening up to and including 5 February. This is 3 days.