Winton HRC 10 January 2024 – R5 – Alister Kyle

Mr Munro alleged that in Race 5, Mr Kyle (TASHS BAD GIRL) used his whip with more than a wrist flicking motion in the run home.

Mr Munro demonstrated the incident on the videos. The Respondent’s horse was running on strongly down the outside of the track in the home straight and Mr Kyle was using the whip with his elbow and arm. There were a number of non-compliant strikes before Mr Kyle returned to a compliant action in the last 50 metres.

Mr Kyle accepted the Stewards’ analysis of the video and said he was putting the whip through the tail in the final 50 metres.

Decision

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

Submissions as to Penalty

Mr Munro produced the Respondent’s record which showed that Mr Kyle has had 3 drives this season and 63 the last. He has had 910 lifetime drives. His record was clear with the 2-month reset. Mr Munro submitted the breach was mid-range due to the distance over which the whip use was non-compliant.

Mr Kyle said he was battling with the new Whip Rules. He was doing his best to be compliant, but was clearly not always succeeding.

Reasons for Penalty

The breach is mid-range. Mr Kyle has used his whip in breach of the Whip Rule and the Whip and Rein Regulations for some distance in the home straight. The Penalty Guide provides a starting point of a fine of $500 or a 2-day suspension for a first such breach. Mr Kyle won the race. Mitigating factors are that Mr Kyle has a clear record under this Rule in the past 2 months and returned to a compliant style in the last 50 metres. He has also admitted the breach.  A penalty just below the starting point is appropriate.

Conclusion

Mr Kyle is fined the sum of $450.