NZ Metro TC 30 May 2025 – R3 – Seth Hill

BACKGROUND

Following the running of Race 3, Junior Driver Seth Hill admitted a breach of Whip Rule 869(2) and the Whip and Rein Regulations. The particulars of the charge are that, when driving BELLA CIAO, 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 Whip and Rein Regulations made by the Board.

The relevant Whip and Rein Regulations provide:

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

 3.4     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.

At the start of the hearing, Mr Hill confirmed his admission of the breach and his understanding of the Rule and Whip and Rein Regulations.

Mr Hill initially advised the hearing that he did not seek assistance from a Senior Driver, but at Penalty Submissions, was assisted by Mark Jones, Open Driver and Public Trainer.

EVIDENCE

Chief Stipendiary Steward Nigel McIntyre used the available race replays to identify Mr Hill, driving BELLA CIAO, mounting a challenge when in contention as the field turned for home. Stewards alleged that Mr Hill used his whip in a continuous manner from the turn for home to the winning post. He submitted that the breach was high level, due to the distance the breach occurred over, albeit that none of the strikes were of any concerning force. Mr McIntyre stated that Mr Hill has been, and is currently, working with Senior Drivers on his whip action to rectify his issues.

Mr Hill did not dispute the Stewards’ assessment of his whip action. He concurred that he just needed to break up his whip action a bit more.

DECISION

As Mr Hill has admitted the breach, it is found to be proved.

PENALTY SUBMISSIONS

Stewards produced the Respondent’s record, which was found to be clear of breaches under this Rule over the previous reset period of 2 months.

Stewards considered this breach to be high-level, for the reasons set out in submissions. Mr McIntyre stated that the Penalty Guide provided a 3 day starting point for an initial high range breach of this Rule. He submitted that a 3 day suspension be considered as penalty in this case.

Mr Hill, with the assistance of Mr Jones, stated that as this was an initial breach by Mr Hill, his status as a Junior Driver and his admission of the breach, should be given consideration for mitigation. Mr Hill stated that he had committed drives at the Ashburton Meeting on 1 June and Invercargill on 2 June, seeking any suspension begin as soon as possible after those meetings.

PENALTY REASONS

This Adjudicative Committee determined that the breach was high level, due to the distance the continuous use of the whip was used.

The Penalty Guide provides a starting point of a 3-day suspension, for an initial high level breach of the Whip Rule and Whip and Rein Regulations, which involves using the whip continuously in these circumstances.

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

Taking into account the Respondent’s Junior Driver status and his admission of the breach, as well as his continued efforts to work on his whip action with Senior Drivers, Mr Hill is afforded a 1-day reduction in the period of suspension.

CONCLUSION

Mr Hill is suspended for 2 days, from the conclusion of racing on 2 June 2025 (following the meetings at Ashburton on 1 June and Invercargill on 2 June where he has committed drives), up to and including racing on 8 June 2025. Relative meetings encompassed in this period of suspension are Addington on 6 June 2025 and Addington on 8 June 2025.