Hawera HRC 2 February 2024 – R10 (heard 4 February 2024 at Hawera) – Leah Hibell

Background:

Following the running of Race 10, the ‘Taranaki Steelformers Stratford Cup HCP Pace 2100m’ an Information was lodged alleging a breach of Rule 869(2) and the associated Whip and Rein Regulations.

Details of the breach are as follows ‘you used your whip in a continuous manner in the run home’.

Rule 869(2) provides ‘No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the board‘ where the Regulations provide ‘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’. The Regulations further define ‘wrist only flicking motion’.

The hearing was adjourned from the first day of the Hawera HRC meeting given that on filing the Information, the Respondent had left the Racecourse.

Ms Hibell confirmed that she understood and admitted the breach. Ms Hibell was assisted by Mr Saliesh Abernethy.

Evidence:

Using available film, Stewards identified the incident. On entering the home straight, VILLAGE REBEL was the widest runner toward the rear of the field.  In urging her drive, the Respondent’s actions were deemed compliant until the 200 metre mark. However, from this point, until the finish line, her whip use exceeded the defined flicking motion. Mr Mulcay commented that although her actions were continuous, they weren’t in his view, rapid fire. Ms Hibell accepted Stewards’ analysis of the incident.

Decision:

As Ms Hibell admitted the breach, it is found to be proved.

Submissions as to Penalty:

Stewards produced the Respondent’s record which is clear within the 2 month reset period. In extending this, it was noted Ms Hibell had received a warning in relation to whip use in Race 6 of the meeting. Stewards considered the breach to be low level and referred the Adjudicative Committee to the current Penalty Guide, which provides for a $300 fine or 2 days suspension. Ms Hibell did express preference for a fine.

Reasons for Penalty:

The Adjudicative Committee is satisfied that film does identify the breach. The breach is deemed to be low level, acknowledging the strikes were spaced. A fine of $300 is deemed an appropriate imposition.

Conclusion:

Junior Drive Ms Leah Hibell is fined a sum of $300.