NZ Metro TC 19 March 2025 – R2 – Seth Hill

Summary of Facts:

Following the running of Race 2, the Respondent, Junior Driver Seth Hill, admitted a breach of Rule 869(3)(b); namely that when driving SHAPELY he drove carelessly near the 250m by allowing his horse to strike the sulky wheel of CHRISTIAN BALE, which resulted in his runner breaking and losing ground.

The Respondent, Mr Hill, endorsed the Information ‘I do not admit the breach of the Rule’ and confirmed he understood the Rule, his denial of the breach and the nature of the charge. Open Driver Jonny Cox assisted Mr Hill at the hearing.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward, Shane Renault, with the assistance of Stipendiary Steward, Maja Szukiel-Deans, identified the horses involved in the incident namely, SHAPELY, driven by Mr Hill, racing 2 wide and in the trail of D’CASH, driven by Sam Thornley with CHRISTIAN BALE, driven by Jim Curtin, to the outside of that horse as they approached the 250m. Ms Szukiel-Deans pointed out Mr Hill, full of running and in the trail of D’CASH, looking for racing room between both D’CASH and CHRISTIAN BALE. Mr Renault stated that Mr Hill let his horse get too close to both D’CASH and CHRISTIAN BALE and as a result, struck the sulky wheel of CHRISTIAN BALE, which then caused his drive to go rough and break, losing ground. He added that the tyre on the sulky wheel of CHRISTIAN BALE did not deflate after the incident.

Mr Hill, with the assistance of Mr Cox, stated that SHAPELY had paced roughly down the back straight and was susceptible to break. He acknowledged that contact had been made with the sulky wheel. He showed the films of the incident and pointed out that Mr Curtin’s drive, CHRISTIAN BALE had shifted in just prior to the contact and had created the situation which caused the strike to the sulky wheel. Mr Renault concurred that Mr Curtin’s drive had shifted inwards, but that the movement was only slight.

 The Decision:

After careful consideration, the Adjudicative Committee was satisfied that near the 250m, SHAPELY, driven by Mr Hill, has struck the sulky wheel of CHRISTIAN BALE. This fact was not disputed by both parties. This Adjudicative Committee was also satisfied that just prior to this incident, CHRISTIAN BALE has shifted in slightly when racing on the outside of D’CASH. The Adjudicative Committee found that Mr Hill has been full of running at this point and when looking for clear racing room, has allowed SHAPELY to get too close to the runners immediately ahead, both CHRISTIAN BALE and D’CASH. As a result, the foreleg of SHAPELY has struck the wheel of CHRISTIAN BALE, which caused SHAPELY to go rough and break, losing ground at a critical time of the race. The Adjudicative Committee found that the inward movement of CHRISTIAN BALE has contributed to the incident, but did not absolve Mr Hill’s responsibility in allowing his drive to get too close, rather it can be seen as a mitigating factor. The Adjudicative Committee therefore found that Mr Hill drove carelessly on this occasion and found the charge proven.

Submissions for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record, which indicated a previous breach at Oamaru on 13 October 2024, where he received a 2 day suspension for striking a wheel. He said that Mr Hill’s driving statistics revealed 161 drives last season, with 54 so far this season.

Mr Renault said that the Penalty Guide provided a starting point of a 3 day suspension for a 2nd breach of this Rule when striking a wheel.

Mr Renault submitted that a 3 day suspension be considered as penalty in this case.

The Respondent submitted that a 3 day suspension seemed excessive in the circumstances, due to the contributing factor of CHRISTIAN BALE. He also requested a deferment of suspension until after racing at Oamaru (Waimate) on 23 March 2025 .

Reasons for Penalty:

The Penalty Guide provides a starting point of a 3 day suspension for a 2nd breach of this Rule, where a wheel is struck.

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

There were however, mitigating factors to consider, namely the contribution to the incident by CHRISTIAN BALE and the status of Mr Hill, as a Junior Driver. The Adjudicative Committee determined that a combined discount was warranted, which was set at 1 day.

Therefore, a 2 day suspension was deemed an appropriate penalty in this case.

Conclusion:

Mr Hill’s application for a deferment until after racing on 23 March 2025 is granted. His Licence to drive is suspended from the conclusion of racing on 23 March 2025, up to and including 28 March 2028. Effective days encompassed in this period of suspension are Ashburton on 26 March and Addington on 28 March 2025.