Waikato BOP H 15 October 2024 – R7 – Leah Hibell

Summary of Facts:

Following the running of Race 7, the Respondent, Junior Driver Leah Hibell admitted a breach of Whip Rule 869(2).  The particulars of the charge are that she used her whip in more than a wrist flicking motion 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 Use of the Whip Regulations made by the Board.

Senior Stipendiary Steward S Mulcay used available video footage to demonstrate the breach. He said upon entering the straight, Miss Hibell used her whip on 3-4 occasions in more than a wrist flicking motion before reverting back to a compliant style, prior to using the whip again in a non compliant manner for a few strikes.

Miss Hibell was supported by Ms Chilcott.

Miss Hibell didn’t offer any comment, other than to say that she was going to practice driving in a compliant manner at home.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay produced Miss Hibell’s record, which was clear. He said that Stewards would assess the breach as low level and that Miss Hibell had indicated that she would prefer a fine over any proposed suspension.

The Adjudicative Committee questioned Mr Mulcay in regard to his assessment of the breach and the conclusion he drew with regard to the level, on the basis that there were two instances of non-compliance in the home straight, specifically querying as to whether the total breach was less than 50m.

Mr Mulcay said that the Stewards had taken a similar approach in relation to other cases, hence the low level assessment.

Miss Hibell said that she acknowledged she drove outside of the Guidelines, but, “it wasn’t too severe”.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as low level.

The Adjudicative Committee advised Miss Hibell that this penalty was not too far from mid range, however, on this occasion she would be given the benefit of the doubt, and the breach would be assessed at the low level.

A low-level breach has a starting point of a $300 fine.

Having considered all factors, including, admission, Driver status and nature of the breach, the Adjudicative Committee determined that a $300 fine was appropriate.

Conclusion:

Miss Hibell is fined $300.