Manawatu RC 17 December 2022 – R8 – Craig Zackey

Evidence:

Following the running of Race 8, Information A17355 was lodged alleging the Respondent, Class A Rider, Mr C Zackey, used his whip excessively prior to the 100m on SOPRANO SUPREME.

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)”

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

Using the Race films, Stewards demonstrated that Mr Zackey struck his mount 8 times from the straight entrance to the 100-metre mark.

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 Mr Zackey has only been riding in New Zealand since November 5th this year and has had 43 race rides (prior to today’s race meeting).  This is his fourth breach of the Rule.

8/11/22                Warning

12/11/22              6 strikes/Group 2 (won race) – fined $1725

19/11/22              8 strikes/Group 3 (ran 2nd⁾) – 6-day suspension+ $500 fine

Mr Oatham submitted that this breach occurred in a Group 3 race with a stake of $100,000.  Mr Zackey’s mount finished third and his share of the stake, at 5%, is $225.  He asked the Adjudicative Committee to take this into account when assessing penalty.

Mr Zackey said he is still trying to adjust to the New Zealand Whip Rules.  He sought a deferment to any proposed suspension until after racing on 26 December 2022.

Reasons for Penalty:

Current Penalty Guidelines provide for a 5 (plus) day suspension for a fourth breach in circumstances of three additional strikes. In assessing 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 third place and 50% of his share of the stake equates to $225.  Therefore, a fine of that amount will be imposed in addition to a suspension.

Mr Zackey unfortunately continues to breach the Whip Rules and a further period of suspension is inevitable.

Accordingly, after consideration of the facts, a 7-day suspension and $225 fine is imposed.

Conclusion:

The Respondent, Mr Zackey is granted a deferment.  His License to ride in races is suspended for 7 days from the conclusion of racing on 26 December 2022 until the conclusion of racing on 3rd January 2023.  In addition, a fine of $225 is imposed.