Waikato BOP H 7 July 2022 – R4 – Kyle Marshall
ID: RIB9978
Animal Name:
MISS YOU BROMAC
Code:
Harness
Race Date:
07/07/2022
Race Club:
Waikato BOP Harness Racing Inc
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R4
Hearing Date:
07/07/2022
Hearing Location:
Cambridge Raceway
Outcome: Proved
Penalty: Driver Kyle Marshall is suspended for 3 days
FACTS
Mr Marshall admitted a breach of Rule 869(2). The breach being that near the 600m he used his whip with more than a wrist flicking motion.
Mr Marshall said that he understood the Rule, Charge and confirmed that he admitted the breach.
Mr Mulcay showed film replays and identified where Mr Marshall used his whip in breach of the Rule. Mr Mulcay said the whip was used in an unacceptable manner five to six times.
Mr Marshall said that he did breach the Rule a couple of times.
DECISION
As the charge was admitted it was deemed proved.
PENALTY SUBMISSIONS
The record showed that Mr Marshall breached the Rule on 4 March 2022 with a $200 fine imposed.
As this was the second breach within six months, the Penalty Guide Starting Point is for 3-days suspension.
REASONS FOR PENALTY
As there were no aggravating features to consider, the starting penalty of 3-days was appropriate.
CONCLUSION
Mr Marshall‘s Driver’s Licence was suspended up to and including racing on 29 July 2022. The days being: 15 July – Auckland, 21 July – Cambridge, 29 July – Auckland.
Decision Date: 07/07/2022
Publish Date: 11/07/2022