NZ Metro TC 14 June 2024 – R6 – Seth William Hill

BACKGROUND:

Following the running of Race 6, Continental Event Hire Handicap Trot, Junior Driver, Seth William Hill, admitted a charge that, as the Driver of HAROLD SMITH in the race, he used his whip in a continuous manner in the run home.

Mr Hill was assisted at the hearing by Open Driver, Ricky May.

Rule 869 provides as follows:

(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 Whip and Rein 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.

3.3     A driver shall not use a whip in an unapproved manner.

 3.2     For the purposes of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

 3.4.2    If the whip is applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the final 200-300 metres of the race. He pointed out HAROLD SMITH, driven by the Respondent, in 5th place in the 6-horse field, and improving wide as the field turned into the final straight.  He alleged that from the home turn, the Respondent used his whip continuously, on 20 occasions, before returning to a compliant style just short of the finishing line. The horse finished in 4th placing.

The Respondent did not dispute the submissions of Mr Williams. He said he was driving the favourite for the race and was expected to win, but it had “switched off”. He had got carried away, he said.

Mr May said that none of the strikes were forceful, but were just “flicks”.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has had 66 drives this season and last season, in his first season as a Junior Driver, he had 11 drives. He has a clear record under the Whip Rule, but was issued a warning for using his whip in a continuous manner on 12 May 2024, 18 drives ago, and on 15 May, was spoken to advisedly regarding a similar breach.

Mr Williams said that Stewards saw the breach as being mid-range. He pointed out that the Penalty Guide recommended starting point for penalty for a mid-range, first breach is a $500 fine, or a 2-days suspension. He stated that the Respondent has indicated that he would prefer a suspension, and Stewards had no objection.

The Respondent confirmed that he would prefer a term of suspension over a fine. He wished any term of suspension to commence immediately. He had no notified drives at the meeting of NZ Metropolitan TC on 16 June.

REASONS FOR PENALTY:

The Adjudicative Committee finds that the breach is medium-level, as submitted by Mr Williams. The RIB Harness Racing Penalty Guide provides a starting point, in the case of a suspension, of 2 days. It was not alleged that the whip use, on this occasion, involved more than a wrist only flicking motion but the strikes, while not forceful, did extend for almost the entire length of the straight and were, therefore, continuous.

The Respondent prefers a suspension and the breach can appropriately be dealt with by way of a suspension of 2 days.

CONCLUSION:

Junior Driver, Seth Hill, is suspended from after the conclusion of racing on 14 June 2024, up to and including 23 June 2024 – 2 days.