Auckland TR 19 November 2022 – R8 – Craig Zackey

Evidence:

Following the running of Race 8, Information A15643 was lodged alleging the Respondent, Class A Rider Mr C Zackey, struck his mount, SACRED SATONO, eight (8) times prior to the 100-metre mark.

Mr Zackey confirmed to the Adjudicative Committee that he admitted the breach.

Rule 638(3)(g)(i) provides that a rider must not:

“Strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins)”

Using the back-on race film, Stewards identified SACRED SATONO in the run up the home straight from the 400-metre mark.  Head-on race films of the breach were also shown.  It was pointed out that from the straight entrance to the 100-metre mark, Mr Zackey struck his mount eight times. The first three strikes were with his left hand, and then he changed his whip, to his right hand, for the remaining five strikes.

Mr Zackey agreed with the number of strikes and had nothing further to add.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty:

Mr Oatham said that the Respondent has only been riding in New Zealand for a short time and so far, has had twenty-two race rides (prior to today’s race meeting).  This is his third breach of the Rule. He received a warning for his first breach and his second breach occurred on 12 November 2022 in a Black Type (G 2) Race and resulted in a $1725 fine.

Mr Oatham submitted that this breach occurred in a Group 3 Race with a stake of $110,000.  Mr Zackey’s mount finished second and his share of the stake, at 5%, is about $1000.  He asked the Adjudicative Committee to take this into account when assessing the penalty.

Mr Zackey agreed that his record is “not a good look” and that he is trying to adjust to the New Zealand Whip Rules.  He sought a deferment to any proposed suspension until after racing on 26 November 2022.

Reasons for Penalty:

Current Penalty Guidelines provide for a 5 (plus) day suspension for a third breach in circumstances of three additional strikes. In assessing the penalty, (pursuant to Rule 920) the Adjudicative Committee took into account the status of the race and stakes payable.  In addition, the NZTR Whip Penalty Guidelines provide that where a breach occurs in a Black Type Race, a fine equal to 50% of the Jockey’s share of the stake earned may be imposed in addition to any suspension.  On this occasion, Mr Zackey’s mount finished in second place and 50% of his share of the stake equates to $500.  Therefore, a fine of that amount will be imposed in addition to a suspension.

Mr Zackey has a poor record.  In his very short time riding in New Zealand, he has breached the Whip Rule on three occasions.  Moreover, two of those breaches have occurred in Black Type Races.

Accordingly, after consideration of the facts, a 6-day suspension and $500 fine is imposed.

Conclusion:

The Respondent Mr Zackey is granted a deferment.  His license to ride in races is suspended for 6 days from the conclusion of racing on 26 November 2022, until the conclusion of racing on 7 December 2022.  In addition, a fine of $500 is imposed.