Manawatu RC 1 April 2023 – R4 – Sam Weatherley

Evidence:

Following the running of Race 4, the Respondent Class A Rider Mr S Weatherley admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that S Weatherley (LIFFEY) directed his mount outwards near the 350 metres when not sufficiently clear of KINGFISHER LAD (V Colgan) which was dictated outwards into the line of ALWAYS MORE (K Hercock) which was checked.

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

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using all available video angles, Stipendiary Steward Mr N Goodwin demonstrated the incident and identified the horses and Riders concerned.  Mr Weatherley was positioned back in the field with Mr Colgan to his outside and Ms Hercock out further and slightly behind. Rounding the bend into the home straight, he said Mr Weatherley spotted a gap but as he angled outwards to go forward, his movement dictated Mr Colgan out onto Ms Hercock who had to take evasive action.

In response, Mr Weatherley said his movement outwards was gradual, smooth, and done kindly. At no stage did he contact Mr Colgan’s mount.  Mr Weatherley believed Mr Colgan rolled outwards independently, and if Ms Hercock had not been where she was, there would have been no charge against him.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mr Oatham produced Mr Weatherley’s riding record over the preceding 12-month period:

3/8/22                 7 days

3/8/22                 9 weeks (reckless riding)

4/2/23                 6 days

The Respondent has had 364 mounts in the past 12 months.

Mr Oatham said Stewards assessed the level of carelessness to be low level. While there was no real run for Mr Weatherley, Mr Colgan’s mount was not travelling well enough to hold him in. In addition, the horse in front ridden by Mr Kennedy, shifted out a touch which took Mr Weatherley out further than intended.

Mr Weatherley advised of riding commitments through until Wednesday 5th April and sought a deferment to any proposed suspension.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined Mr Weatherley’s carelessness to be at the very low end. He did not force a run, but rather eased out gradually to the inside of Mr Colgan’s mount, who was tiring. Ms Hercock only had to check her mount momentarily. Contributing to the incident was Mr Kennedy, who also moved a little offline in front of Mr Weatherley, sending him wider. The Adjudicative Committee adopted a starting point of 5 days (suspension) which conforms with the NZTR Penalty Guide (as of February 2023).

Mr Weatherley admitted the breach and acknowledged his part in the incident, however there were contributory factors as outlined above. The Adjudicative Committee has afforded him a 1-day reduction in mitigation. Mr Weatherley’s record is considered neutral.

Conclusion:

The Respondent’s request for a deferment is granted and his licence to ride in races is suspended for a period of 4 days, commencing after racing on Wednesday 5th April and concluding after racing on Wednesday April 12th.