Manawatu RC 17 December 2022 – R9 – Craig Zackey

Evidence:

Following the running of Race 9, Information A17356 was lodged alleging the Respondent, Class A Rider, Mr C Zackey, used his whip excessively prior to the 100m.

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 6 times from the straight entrance to the 100-metre mark. The first four strikes were with his left hand and the last 2 occurred after he swapped the whip to his right hand. Mr Oatham said the strikes were not overly aggressive, but he seems to have trouble counting when he swaps the whip over.

Mr Zackey won the race.

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 this is Mr Zackey’s fifth breach of the Rule in a short space of time.  His record is as follows:

8/11/22                Warning

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

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

18/12/22              8 strikes/Group 3 (ran 3^rd) – 7- day suspension +$225 fine

Mr Oatham said although he won the race on APOSTROPHE, it was a reasonably comfortable win.

Reasons for Penalty:

Current Penalty Guidelines provide for a 5 (plus) day suspension for a fifth breach in circumstances of one additional strike. While this breach was only one over the Guidelines, Mr Zackey has a poor ratio of rides to whip breaches.

After consideration of the facts, a 7-day suspension is imposed and following consultation with the Stewards, Mr Zackey is to be referred to the Rider Skills Review Panel.

Conclusion:

Mr Zackey’s License to ride in races is suspended for 7 days from the conclusion of racing on 3^rd January 2023 until the conclusion of racing on 12th January 2023.  In addition, he is referred to the Rider Skills Review Panel.