Waikato BOP H 7 July 2022 – R4 – Kyle Marshall

ID: RIB9978

Respondent(s):
Kyle Marshall - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr N McCutcheon

Persons Present:
Mr Marshall, Mr A Dooley - Stipendiary Steward, Mr S Mulcay

Information Number:
A11130

Decision Type:
Race Related Charge

Charge:
Using the Whip with more than a wrist flicking motion.

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

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