Manawatu HRC 24 February 2026 – R4 – Sailesh Abernethy

Background:

Following the running of Race 4, the ‘Alabar Stud Supports NI Breeders Mobile Pace’, an Information was filed alleging a breach of Rule 869(2) and the associated  Whip and Rein Regulations. Details of the Information are as follow:

‘You used your whip with more than wrist flicking motion’.

Mr Abernethy asked to be excused from the hearing. The hearing took place just prior to the running of the last race, in which the Respondent had a drive. He was looking to commence travel as soon as possible after the last race. After discussion, Mr Abernethy was excused from the hearing. It was confirmed that the breach had been admitted.

Rule 869(2) provides ‘No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the Board’. 

The Regulations remain specific in respect of definition.

Evidence:

Using available film, Stewards identified the incident. On entering the home straight, GWENDOLINE MARY was positioned behind the leader and looking to improve. Between the top of the straight and the approx 100 metre mark, the Respondent is seen to strike his drive on 2 occasions with more than a wrist flicking motion. A 3rd strike was deemed marginal. It was noted the Respondent then returned to driving in a compliant fashion. The horse finished 2nd in the event.

Decision:

As the charge was admitted, it was found proved.

Penalty Submissions:

Stewards outlined Mr Abernethy’s record as it relates to this Rule and related Regulations. Over the last two months his record is clear, although it was noted that he did receive a warning at the Waikato BOP Meeting on 4 February 2026. Stewards remained of the view that on this occasion, the breach was low range and referred the Adjudicative Committee to the current Penalty Guide. Mr Abernethy conveyed that he preferred imposition of a fine, rather than suspension.

Reasons for Penalty:

Film provided clearly identifies the offence. The Adjudicative Committee is satisfied that given the number of strikes, along with the distance over which the breach occurred, the offence represented a low range breach of the Rule. Guidelines provide for penalty of 2 days suspension or $300 fine – low range breach 1st offence. The Adjudicative Committee found no material reason to vary from the starting point noted within the Guide. Given Mr Abernethy’s preference for a fine over suspension, a $300 fine was deemed appropriate.

Conclusion:

Mr Abernethy is fined a sum of $300.