Otago RC – 5 June 2005 – Race 9

Mr Hibberd has admitted a breach of rule 871(1)(d) in race 9. Mr Ching has demonstrated on the video that Mr Hibberd allowed his mount GIVE DANSKE to shift ground outwards when not sufficiently clear causing interference to ART SCENE (L Robinson) with approximately 600 metres to run. Mr Hibberd acknowledged that Mr Robinson had yelled out asking Mr Hibberd to give him room and that contact was made between the horses.

Mr Ching emphasised that the incident had cost ART SCENE any chance it might have had in the race. He noted that Mr Hibberd has an exemplary record, with no breach of any rule for 12 months, and that Mr Hibberd had admitted the breach. However, he requested a fine in excess of $500. Mr Hibberd asked for a suspension, to which Mr Ching responded that if we were to suspend Mr Hibberd, he believed 3 days was appropriate.

We accept Mr Hibberd's statement that his horse was travelling well and that he made a miscalculation as to the room on his outside when he attempted to move out from behind the pacemaking horse. Mr Todd who was on Mr Robinson's outer may have contributed slightly to the incident but the first and most significant movement was from Mr Hibberd. Mr Ching is correct when he says ART SCENE's chances were extinguished.

Giving weight to the circumstances of the breach, Mr Hibberd's excellent record of which he is justifiably proud, and his ready admission of the breach, we believe that a combination of a fine and suspension is appropriate. Mr Hibberd is suspended from riding from the end of racing today up to and including 11 June. This is in effect 2 South Island/central North Island days. He is also fined the sum of $100 and reminded of his obligations under the Rules of Racing.