Auckland TC 24 October 2025 – R4 – Sailesh Abernethy

Summary of Facts:

Following the running of Race 4, the Respondent Mr S Abernethy, admitted a breach of Rule 869(3)(b); namely that he drove carelessly passing the 1900 metres, when shifting inwards when not sufficiently clear, resulting in BANGKOK BETTY (E Johnson) being checked and trotting roughly for several strides.

The Respondent endorsed the Information and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive:

(b) carelessly; (Allowing runner to improve onto a wheel.  Shifting ground.  Easing the pace)

Using available video footage (front, side and back straight), Chief Stipendiary Steward Mr N McIntyre, identified the horses involved in the incident namely, STONE COLD, driven by Mr ABERNETHY and BANGKOK BETTY, driven by Ms E Johnson.   He said that Mr Abernethy, at approximately the 1900 metre mark, shifted across to take the lead from BANGKOK BETTY when not sufficiently clear.  BANGKOK BETTY stumbled and was checked.

Mr Abernethy, while admitting the charge, noted that his horse had played a part by drifting inwards, as it turned its head when he came across.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Mr McIntyre considered that the breach was at the low end and produced Mr Abernethy’s record which was very good, 275 drives in the past 12 months, with a clear record under this Rule. Mr McIntyre noted the Penalty Guide provides for a $300 fine or 2 day suspension.

Mr Abernethy noted his good record and asked that be taken into account. He said he preferred a fine to a suspension.

Reasons for Penalty:

The Penalty Guide provides a starting point of a $300 fine or 2 day suspension for a low-level breach. Mr Abernethy stated that he would prefer a fine.

After considering the submissions of both the Applicant and Respondent and noting the race film, the Adjudicative Committee assessed the breach as being low-level. After evaluating Mr Abernethy’s very good record, the Adjudicative Committee considered that this should be taken into account in assessing the fine. It was therefore determined that a $50 reduction from the Penalty Guide was appropriate and Mr Abernethy was fined $250.

Conclusion:

The Respondent is fined $250.