Cambridge JC 3 August 2022 – R4 – Sam Weatherley

Evidence:

This charge arises from the running of Race 4, the Waipa Earthworks 1300.  The Rider of the first placed horse (BRECKON POWER) S Weatherley admitted a charges pursuant to Rule 638(1)(d) alleging that he “directed his mount BRECKON POWER outwards when not sufficiently clear of LINKIN PACK which was crowded and checked passing the 250 metres”.

Mr Weatherley acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using all available video footage Stipendiary Steward, Mr Jones demonstrated the incident and identified all horses and Riders concerned; namely BRECKON POWER (S Weatherley), LINKIN PARK (C Grylls), SWEET TALKING (R Elliot) and THE CHROME NUN (T Thornton).

Mr Jones told the Adjudicative Committee that approaching the 300 metres BRECKON POWER was slightly ahead of a weakening LINKIN PARK.  He said that Mr Weatherley was looking to improve his mount and was held up slightly.  He then directed his mount out and in doing so crowded LINKIN PARK. Also, because of the shift SWEET TALKING was checked.

Mr Jones pointed out that at the time of BRECKON POWER’s shift, the horse in front of BRECKON POWER, THE CHROME NUN shifted out slightly.  Mr Jones said that this was not a contributing factor in terms of Mr Weatherley’s shift because when he directed his mount outward, he was never any more than half a length clear.  Mr Jones said that Mr Weatherley should have been his own length and one other clear when shifting.

In response Mr Weatherely said that he accepted that he did shift in breach of the Rule.  However, he said that it was made to look a lot worse because when he shifted off the heels of THE CHROME NUN, that horse also shifted out slightly.

Mr Weatherley added that he was riding his sister’s horse (his sister being the co-trainer) and this was her first horse to race.

Decision:

As Mr Weatherley admitted the breach the Adjudicative Committee found the charge proved.

Submission For Penalty:

Mr Dooley produced Mr Weatherley’s riding record which indicated 5 previous breaches under the Careless Riding Rule in the last 12 months.

The most recent occurred on 2 April 2022 and this resulted in an 8-day suspension (G 1 race).  The other four breaches included:

01/01/2022 – Ellerslie – 10 days (G2)

19/11/2021 – Taranaki – 4 days

04/09/2021 – Te Rapa 7 days (G2)

02/09/2021 – Cambridge 3 days

Mr Dooley said Stewards assessed the level of carelessness to be no more than mid-range.  He said that Mr Grylls had to take hold of his mount and lost ground because of the incident.

In response Mr Weatherley sought a deferment to any proposed suspension until after racing on Saturday 6 August 2022.  He reiterated that BRECKON POWER was his sister’s first runner as co-trainer (with Mr Weatherley Snr) and he said, “I got a bit emotional.”  Mr Weatherley added that the shift was not dangerous and that he normally is careful when shifting ground.

Prior to deliberating, Mr Weatherley returned to the Stewards’ Room and asked that the Adjudicative Committee consider when assessing penalty that he is engaged to ride the likely favourite in a stakes race at Ruakaka on 20 August 2022.

Reasons For Penalty:

After considering the submissions and reviewing the race film, the Adjudicative Committee determined Mr Weatherley’s carelessness to be in the mid-range and adopted a 7-day (suspension) as the starting point. This conforms with the NZTR Penalty Directive which recommends a 7 national day starting point for a mid-range careless riding breach.

The available films clearly establish that Mr Weatherly forced a run when not clear and as a result LINKIN PARK was crowded and SWEET TALKING checked.  Although THE CHROME NUN shifted out slightly it was not deemed to be a contributory factor.  In the opinion of the Adjudicative Committee the breach was the direct result of Mr Weatherley forcing a run when no more than half a length clear, when he should have been at least his own length and one other clear before shifting ground.

It is understandable that he may have become excited at the prospect of winning the race for his sister on her first raceday as a co-trainer, but that does not excuse or mitigate the breach.

This is Mr Weatherley’s 6th breach in 12 months.  It is noted that he is a busy Rider having had 527 raceday mounts over the past 12 months.  However, it must be said that his record in terms of the Careless Riding Rule is poor.  His poor record would have otherwise attracted a one 1-day uplift, but any proposed uplift on this occasion is negated by his admission of the breach.  Therefore, one cancels out the other.

The fact that Mr Weatherley has committed to riding the likely favourite in a stakes race on 20 August 2022 is not a factor that can be considered when assessing a suitable penalty.

After considering all the above factors the Adjudicative Committee considered that an appropriate suspension was 7 (national) days.

Penalty:

The Adjudicative Committee granted Mr Weatherley a deferment to his suspension pursuant to Rule 1106(2).

Accordingly, Mr Weatherley’s license to ride in races is suspended for a period of 7 days commencing after racing on 6 August 2022 and concluding after racing on 20 August 2022.