Auckland RC 1 January 2022 – R9 – Sam Weatherley

Evidence

This charge arises from the running of Race 3, the Rich Hill Mile (Group 2 $120,000).  Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the rider of MALI STON (S Weatherley), angled his mount outwards when not sufficiently clear of PROVIDENCEPROVIDES near the 150 metres which was checked.

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 Judicial Committee considers to be careless.

Using the available Race films Stipendiary Steward, Mr B Jones demonstrated the incident and identified the horses and Riders concerned; namely MALI STON (S Weatherley), PROVIDENCEPROVIDES (K Asano) and HYPNOS (R Elliot).

Mr Jones told the Committee that approaching the 150-metre mark Mr Weatherley was searching for a run and improved to the inside of DRAGON QUEEN.  He said that no clear run was available so Mr Weatherley angled out into the running line of PROVIDENCEPROVIDES who was checked.  He pointed out that in mitigation HYPNOS shifted in slightly which caused PROVIDENCEPROVIDES to be further tightened.  Mr Jones added that at the time of the shift Mr Weatherley’s mount was no more that a neck clear of PROVIDENCEPROVIDES, and as a result that runner lost its rightful running line and was forced across the heels of HYPNOS.

In response Mr Weatherley accepted that he angled out. He said that the breach was “clear cut” and that he made a split-second decision and “cut it too fine”.

Decision

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

Penalty

Mr Oatham produced Mr Weatherley’s riding record which indicated 5 previous breaches under the careless riding Rule in the last 12 months; namely:

23/01/21 at Ellerslie, suspended 4 days and fined $400.

05/06/21 at  Ellerslie, suspended 4 days.

02/09/21 at Cambridge, suspended 3 days.

04/09/21 at Te Rapa, suspended 7 days.

19/11/21 at Taranaki, suspended 4 days.

Mr Oatham submitted that Mr Weatherley has had 632 race rides in the past 12 months.  He is a very busy rider and described his overall record, this being his sixth breach, as poor.

Mr Oatham said Stewards assessed the level of carelessness in the mid-range. An aggravating factor is that the breach occurred in a Group 2 race, with stake money of $120,000 .  Mr Weatherely won the race with his share of stake money being $3450.  He added that the check to PROVIDENCEPROVIDES was severe.

Mr Weatherley advised that he has confirmed engagements through to after racing at Te Aroha on 3 January 2020 (rider declarations have closed for that meeting).  In terms of any proposed penalty, he said although a suspension was expected, he would like to be able to resume riding in time for the Karaka meeting at Ellerslie in late January 2022.

Reasons for Penalty

After considering the submissions and reviewing the race film and the Committee determined Mr Weatherley’s carelessness to be in the mid-range and adopted a 7-day starting point.  This conforms with the NZTR Penalty Guide.

The available films established that Mr Weatherley tried to force a run that was simply not available.  He then angled outward causing severe interference to PROVIDENCEPROVIDES which was checked.  A mitigating factor is that HYPNOS also shifted in and this may have contributed to the check incurred by PROVIDENCEPROVIDES.

This is Mr Weatherleys’s sixth breach in 12 months.  He therefore has a poor record.

Aggravating factors are:

That the breach occurred in a Group 2.

That the race stakemoney was $120,000.

That Mr Weatherley won the race and received stakemoney of $3450.

That Mr Weatherly has a poor record.

For these combined aggravating factors, we apply a further 4-day uplift. The only mitigating factor is that he freely admitted the breach for which we apply a 1-day reduction.

The NZTR Penalty Guide provides that fines should be added as a % of stakemoney earned in black type races.  On that basis a fine of $1000 is imposed.

After considering all the above factors the Committee considered that an appropriate suspension was 10 (national) days plus a $1000 fine.

Penalty

Accordingly, Mr Weatherley’s License to ride in races is suspended for a period of 10 days commencing after racing on 3 January 2022 and concluding after racing on 20 January 2022.

Note Rider declarations for Tauranga on 2 January 2022 and Te Aroha on 3 January 2022 have closed.