Ashburton TC 10 November 2022 – R3 – Amber Lethaby

ID: RIB12551

Amber Lethaby - Driver

Mr Matt Sole - Stipendiary Steward

Dave Anderson

Persons Present:
Mr M Sole, Mr S Renault - Stipendiary Stewards and Mrs Lethaby

Information Number:

Decision Type:
Race Related Charge

Using whip with more than a wrist flicking motion

869(2) - Contravention whip rule - Whip Regulations


Animal Name:


Race Date:

Race Club:
Ashburton Trotting Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:

Hearing Date:

Hearing Location:
Ashburton Racecourse, Racecourse Rd, Ashburton 7700.

Outcome: Proved

Penalty: Driver Amber Lethaby suspended 4 days

Summary of Facts:

Following the running of Race 3, the Respondent Mrs Amber Lethaby admitted a breach of Whip Rule 869(2).  The particulars of the charge are that Driver A Lethaby (RIMU VALLEY) used her whip in more than a wrist-flicking motion in the home straight.

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.

Stipendiary Steward Mr Sole, with assistance from Mr Renault, used available video footage to demonstrate the breach. He identified Mrs Lethaby in the one one position entering the straight and pointed to her using her whip well outside the requirements of the Regulations on 10 occasions. He said Mrs Lethaby eventually drove in a compliant style but her indiscretion was in the first part of the home straight.

The Respondent Mrs Lethaby made no submissions.


The charge is admitted and therefore proved.

Submission For Penalty:

Mr Sole produced the Respondent’s Mrs Lethaby’s record which indicated a breach of the Rule on 24 October 2022, 1 drive ago, where she was fined $200.

Mr Sole said that Stewards assessed the breach to be medium-level and submitted that it be dealt with by way of a 4-day suspension.

The Respondent made no submissions on the penalty but asked if any suspension could begin immediately.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as mid-level.

A medium-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.

Having considered all factors, the Adjudicative Committee sees no reason to depart from the Penalty Guidelines of a 4-day suspension for a second breach at mid-range, to be an appropriate penalty.


The Respondent is suspended for a period of 4 days, commencing 11 November 2022 and concluding 25 November 2022.

Decision Date: 10/11/2022

Publish Date: 11/11/2022