Banks Peninsula TC 16 February 2025 – R6 – Seth Hill

Summary of Facts:

Following the running of Race 6, the Respondent Junior Driver Seth Hill admitted a breach of Whip Rule 869(2).  The particulars of the charge are that “when driving BETTERWITHBLING he used his whip in a continuous manner 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.

Mr Hill advised the Adjudicative Committee that he did not require assistance at the hearing.

Stipendiary Steward Matthew Sole, used available video footage to demonstrate the breach. He pointed out Mr Hill, driving BETTERWITHBLING, racing widest on the track as the field turned for home. Mr Sole showed that Mr Hill drew his whip and used in a continuous manner throughout the run home. He stated that on counting, the number of strikes were 25 to 30. Mr Sole added that Mr Hill was compliant with the strikes being only with a wrist flicking motion, but it was the sheer number of  strikes and the length of the offending, that brought about the charge.

Mr Hill stated that he had been trying hard to get his whip action in check and within the Regulations, but today had slipped back to old habits.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Sole produced the Respondent’s record, which indicated a clear record. He added that Mr Hill had been given numerous warnings about his whip use since the December 2024 meeting at Westport. He added that the Stewards had been working with Mr Hill closely, in order to rectify his whip action. Mr Hill’s statistics, he said, were 204 lifetime drives, 32 this season and 161 last season.

He said that Stewards assessed the breach to be low to mid-level, due to number of strikes and the distance the offending took place over. Mr Sole stated that the Penalty Guide provided a 2 day suspension or $300 fine for a 1st breach-low range offence, with a mid range being a 2 day suspension or $500 fine.

Mr Hill stated that he would prefer a fine, as he had a lot of racing opportunities coming up. He added that a fine of $500 was excessive, in his opinion.

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, due to the continuous nature of  the strikes from the home turn and the number of strikes, being 25 to 30, albeit with a compliant wrist flicking motion.

The Penalty Guide provides a 2-day suspension or $500 fine starting point for a first breach of this Rule, for a mid level offence.

It was determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted.

There were, however, mitigating factors being Mr Hill’s frank admission of the breach and his status as a Junior Driver.

A combined discount of $100 was applied.

Therefore, a fine of $400 was imposed.

Conclusion:

Mr Hill was fined the sum of $400.