Wyndham HRC 21 February 2025 – R7 – Seth Hill

BACKGROUND

Following the running of Race 7, 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 DECEPTIVE LEE, 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 was supported at the hearing by Open Driver Jonny Cox.

EVIDENCE

Stipendiary Steward Shane Renault used the available race videos to identify Mr Hill, driving DECEPTIVE LEE, mounting a challenge after presenting his horse from the trail in the home straight. Stewards alleged that Mr Hill used his whip some 21 times in a continuous manner from about the 250 metre mark to the 50 metre mark, with just one slight pause. The Respondent used compliant alternative actions from the 50 metre mark, including running the whip through the tail, Mr Renault said.

Mr Renault advised there was no definition of ‘continuous use.’ In deciding whether to lay a charge, Stewards determined on a case-by-case basis if the threshold for a charge was met, as he submitted it was in this case.

Mr Hill did not dispute the Steward’s assessment of his whip action. “I just need to break it up a bit more,” he said.

Mr Cox had nothing to add.

DECISION

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

PENALTY SUBMISSIONS

Stewards produced the Respondent’s record. Mr Hill had had 36 drives this season and 161 drives last season. He was in his third season as a Junior Driver.

Mr Hill had one previous breach of the Rule for using the whip continuously, at Motukarara on 16 February 2025, for which he was fined $400.

Mr Renault said Stewards had been working closely with Mr Hill in the last few months with regards to his continuous whip use, which had resulted in a number of warnings and advisories. A Senior Driver had been helping advise and educate Mr Hill.

Stewards considered this breach to be low to mid-level. Mr Renault submitted that a 3-day suspension would be an appropriate penalty. He added that, as a Junior Driver, Mr Hill would not learn to improve by sitting on the sidelines.

Mr Hill said the penalty submission made by the Stewards was fair. He requested a deferment of any suspension to allow him to drive up to and including the Rangiora meeting on 2 March 2025.

REASONS FOR PENALTY

The Racing Integrity Board’s Harness Racing Penalty Guide defines a mid-level breach of the Whip and Rein Regulations as follows:

The driver inadvertently uses the old whipping style for approximately 50m or more before returning to a compliant style.

Mr Hill has used the whip continuously, with the exception of one slight pause, for some 200 metres in the home straight before returning to a compliant style for the last 50 metres of the race. On that basis, the Adjudicative Committee finds this meets the threshold for continuous use of the whip, and that it is a mid-level breach.

The Penalty Guide provides a starting point of a 4-day suspension for a second breach of the Whip Rule and Whip and Rein Regulations which involves using the whip continuously in these circumstances.

Taking into account the Respondent’s Junior Driver status, his admission of breach, and the concerted support of Stewards and Senior Drivers in attempting to help modify his whip action, Mr Hill is afforded a 1-day reduction in the period of suspension.

CONCLUSION

The Respondent’s request for a deferment is granted. Junior Driver Seth Hill is suspended for 3 days, from the conclusion of racing on 2 March 2025, up to and including racing on 9 March 2025. The meetings affected by the period of suspension are: Oamaru HRC (5 March), Westport TC (7 March) and Reefton TC (9 March).