Waikato BOP H 8 September 2022 – R7 – Kyle Marshall

BACKGROUND:

Following the running of Race 7, Grove Manitowoc Mobile Pace, the Respondent, Driver Kyle Marshall, admitted a breach of Whip Rule 869(2). The particulars of the charge are that, as the Driver of WHOOSHKA in the race, he used his whip with more than a wrist only flicking motion in the run home.

Rule 869 provides that:

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

The Use of the Whip Regulations provide :

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

3.2 1  For the purposes of clause 3.3, “wrist only flicking motion” means ensuring no force is generated by the use of the elbow or shoulder when applying the whip .

EVIDENCE:

Senior Stipendiary Steward, Steve Mulcay, showed a video replay of the final 250 metres of the race. He pointed out the Respondent driving WHOOSHKA, which was racing outside the leader, strike the horse once approaching the 200 metres. After turning for home, the leader ran up the track, hampering WHOOSHKA and another runner. Mr Mulcay said that, from that point, the Respondent commenced using his whip, in the opinion of the Stewards, in more than a wrist only flicking motion for another 4-5 strikes.

The Respondent said that he was forced to correct his horse, when the leader ran out, to avoid interference to the runner on his outside, MAKARA (Peter Ferguson). With regard to the alleged breach, he submitted that his whip use was within the range of being a wrist only flicking motion.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Adjudicative Committee was satisfied that the Respondent’s whip use in some 5-6 strikes in the final 200 metres was outside of the definition of “wrist only flicking motion” in that, despite his submission to the contrary, the Adjudicative Committee clearly finds, his whip use involved the use of the elbow or shoulder and, therefore, was in breach of the Rule. The incident after turning for home, in which the Respondent’s runner was briefly hampered, had no relevance to the charge, the Adjudicative Committee finds.

SUBMISSIONS FOR PENALTY:

Senior Steward, Steve Mulcay, said that the Respondent has one prior breach of the Whip Rule in the last 6 months – at Cambridge on 7 July last (suspended 3 days). At that time, that was a second breach in the previous 6 months and hence the suspension, Mr Mulcay said.

Mr Mulcay said that this present breach is, therefore, the Respondent’s second breach for penalty purposes. The Adjudicative Committee may consider an uplift from the usual 3-days suspension for a second breach, because the first breach incurred a 3-days suspension, he said.

The Respondent said that he wished any suspension to commence immediately but asked the Adjudicative Committee to take into account that he intended taking horses trained by him to Addington for the meetings on 16 and 22 September and, also, planned a drive for another Trainer to get a feel for the track. He had booked transport to Addington with Majestic Horse Floats, he said. Mr Mulcay said that the Adjudicative Committee would have to take the Respondent on his word.

REASONS FOR PENALTY:

This is the Respondent’s second breach of the Whip Rules within the relevant 6 months period. The breach is low-level but, nevertheless, a suspension  is called for and the usual starting point for penalty for a second breach is a 3-days suspension. That is to be the penalty on this occasion. The Adjudicative Committee has allowed that the Respondent would have been driving at Addington on the two dates he mentioned. He assured the Adjudicative Committee that this was the case.

CONCLUSION:

The Respondent, Driver Kyle Marshall, is suspended for 3 days from 9 September 2022 to 22 September 2022, both dates inclusive.