Auckland TR 21 January 2023 – R4 – Craig Zackey

Following the running of Race 4, the Karaka Million 2yo event, an Information was filed pursuant to Rule 638(2). The Informant, Mr Oatham, alleged that Mr Zackey (TOKYO TYCOON) made a celebratory gesture prior to the winning post.

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

Rule 638(2) provides: A Rider shall not make a celebratory gesture prior to his horse passing the winning post. 

Mr Oatham demonstrated the incident using the available video footage. He said that Mr Zackey made a celebratory gesture 1.5 – 2 strides before the winning post.

Mr Zackey said he was excited and a little overwhelmed (in winning such a prestigious race.)

Decision

As Mr Zackey admitted the breach, the Adjudicative Committee found the charge proved.

Submissions For Penalty

Mr Oatham said that Mr Zackey had a clear record in regard to the Rule.

Mr Oatham said that comparable cases that had occurred in Group 1 Races had resulted in fines in the vicinity of $400-$500 and Stewards suggested a fine of $500 would be appropriate in this instance.

Mr Zackey said, for the purpose of the penalty, he would like the Adjudicative Committee to consider that the race was only categorised as a Restricted Listed Race, not a Group 1 Race.

Reasons For Penalty

The Penalty Guide starting point for a breach of this Rule is a $300 fine.

While the Adjudicative Committee is cognisant of the fact Mr Zackey must have been excited to have won such a prestigious race, the Rules are in place to ensure safety of both Riders and horses.

After analysis of comparable previous penalties, the Adjudicative Committee were able to establish that previous penalties ranged from $400-$500 in Group 1 Races worth $250,000-$500,000.

This breach occurred in New Zealand’s equal highest stakes race worth $1,000,000, and this factor was considered when determining an appropriate penalty.

Having considered all the evidence and submissions presented and having regard for Rule 920(2), which includes the provision to consider stakes and status of a race when assessing penalty, the Adjudicative Committee determined on this occasion, that a $750 fine was appropriate.

Conclusion

Mr Zackey was fined $750.