Waikato BOP H 11 May 2023 – R3 – Leah Hibell

Summary of Facts:

Following the running of Race 3, the Respondent Leah Hibell – Junior Driver, admitted a breach of Rule 868(2) namely that when driving HEY MIKI DENARIO, Miss Hibell failed to take all reasonable and permissible measures to ensure her mare was given fill opportunity to win or obtain the best possible finishing position by failing to shift out from a position 3 back on the marker line for a distance, approaching the 300m.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule and the nature of the charge. The Respondent was supported at the hearing by Open Driver, Miss Nicky Chilcott.

Rule 868(2) provides:

(2) Every driver shall take all reasonable and permissible measures at all times during the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place. 

Using available video footage, Stipendiary Steward Mr Mulcay identified HEY MIKI DENARIO, driven by Miss Hibell, racing 3 back on the marker line, tailing THE BIZZNESS. Approaching the 300m, THE BIZZNESS, began to give ground, with Miss Hibell opting to stay in the trail of THE BIZZNESS, when there was a clear run to the outside of that horse over a period of time approaching the home turn. Miss Hibell eventually eased out from behind THE BIZZNESS and ran on to finish in 5th place.

The Respondent, Miss Hibell, with the assistance of Miss Chilcott, stated that due to the poor weather, visibility was difficult and contributed to her misjudgment.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submission for Penalty:

Stipendiary Steward Mr Mulcay, produced the Respondent’s record which indicated a clear record in regard to this Rule. Miss Hibell’s driving statistics showed lifetime drives of 85 to date.

Mr Mulcay stated that the starting point for a breach of this Rule was a 7 day suspension. He added that Miss Hibell had been successful in winning a Junior Driver Series in New Zealand, which gave her an opportunity to travel to Australia in early June to work and drive race day in that jurisdiction.  He also stated that a recent breach of the Rule by another Junior Driver, resulted in a 5 day suspension and with this case, supported a combined suspension and fine so that Miss Hibell could complete her opportunity to drive in Australia.

The Respondent, with the assistance of Miss Chilcott, submitted that she would prefer a combined suspension and fine so she could take up the opportunity to travel to Australia and work and drive race day in that country.

The Respondent did not seek sought a deferment to any proposed suspension.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of a 7 drive suspension for a breach of this Rule.

After taking into account the submissions of both the Applicant and Respondent, in conjunction with Miss Hibell’s status as a Junior Driver with limited experience, her frank admission of the breach, the issue of visibility on the night with poor weather, a recent historic penalty of 5 days for a very similar breach and Miss Hibell’s opportunity to work and drive in Australia after winning a Junior Driver Series here, this Adjudicative Committee determined that a 3 day suspension combined with a fine of $150, was an appropriate penalty in this case.

Conclusion:

Miss Hibell is suspended from the conclusion of racing today, 11 May 2023 up to and including 2 June 2023 and in addition, is fined the sum of $150. Relevant meetings in this period of suspension are Cambridge – 18 May, Auckland – 19 May and Cambridge – 2 June 2023.