Levin RC 29 July 2023 – R5 – Sam Weatherley

ID: RIB25719

Respondent(s):
Sam Weatherley - Jockey

Applicant:
Mr N Goodwin - Stipendiary Steward

Adjudicators:
N Moffatt and N McCutcheon

Information Number:
A17430

Decision Type:
Race Related Charge

Charge:
Excessive use whip

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
ITZA CHARMDEEL

Code:
Thoroughbred

Race Date:
29/07/2023

Race Club:
Levin Racing Club

Race Location:
Otaki Racecourse - Te Roto Road, Otaki, 5512

Race Number:
R5

Hearing Date:
29/07/2023

Hearing Location:
Otaki Racecourse

Outcome: Proved

Penalty: Jockey Sam Weatherley is fined $900

Evidence

Following the running of Race 5, the Respondent Mr S Weatherley admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) 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); 

Mr Weatherley had a plane to catch out of Wellington and due to time contraints, the Adjudicative Committee granted him permission to leave prior to the hearing. Before he left, Mr Weatherley confirmed he understood the nature of the charge and that he admitted the breach. In addition, he understood the black type status of the race would be taken into account for penalty.

Using the available race films, Mr Goodwin demonstrated that the Respondent struck his mount 6 times prior to the 100-metre mark, with a total of 12 strikes through until the finish.

Decision

As Mr Weatherley admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Goodwin produced the Respondent’s record which showed 1 previous breach in the last 6 months.

The Respondent’s share of the stake was $1868.75.

Reasons For Penalty

The Penalty Guide starting point for a second breach when 1 strike over is $250, however the Guide also says “In all breaches of the whip Rules in any Black-Type race, the starting point for a fine will be an amount equal to 50% of the Jockey’s share.”

The Ryder Stakes is a Listed Race which Mr Weatherley won. His use of the whip was well-spaced, not forceful and only 1 over that permitted. The Adjudicative Committee determined there were no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis, the Respondent is fined $900.

Conclusion

Mr Weatherley is fined $900.

Decision Date: 29/07/2023

Publish Date: 01/08/2023