Non Raceday Inquiry – Decision dated 18 December 2021 – Lynsey Satherley

Introduction

Following the Waikato RC meeting at Te Rapa on 11 December 2021, an Information was filed alleging the Respondent Ms Satherley was in breach of Rule 638(3)(g)(ii) in that she used the whip in consecutive strides on her mount GINO SEVERINI over the concluding stages of Race 10, the Rydges Wellington Captain Cook Stakes, WFA $220,000 (Group 1).

By way of Memorandum dated 14 December 2021, Mr M Clement RIB Chief Executive, on 14 December 2021 provided authority to charge.

The Plea

The Information (Number A17172) was signed by the Respondent and endorsed I do admit the breach and I do not wish to be present at the hearing of this Information.

The charge was heard prior to the commencement of racing at the Waikato RC meeting at Te Rapa on 18 December 2021.

The Rule

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

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Evidence

Using the available race films Stipendiary Steward Mr Williamson demonstrated that the Respondent struck her mount, GINO SEVERINI, twice consecutively over the concluding stages of the race near the winning post.

GINO SEVERINI finished in fourth place.

The Respondent was not present at the hearing and no explanation for the breach was offered on her behalf.

Decision

As the Respondent admitted the breach the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Williamson produced the Respondent’s record which indicated 5 previous breaches of the Whip Rules within the 6-month reset period.  These include:

11/12/21 at Te Rapa – Excessive use of whip (G 3) – 7 days suspension and $225 fine

11/12/21 at Te Rapa – Excessive use of whip – 5 days suspension

03/11/21 at Cambridge – Consecutive strides – 5 days suspension and $150 fine

25/09/21 at Matamata – Excessive use of whip – 5 days suspension and $400 fine

10/07/21 at Waikato – Excessive use of whip – $500 fine

Mr Williamson said that this breach was the Respondent’s third for the day, with the previous two breaches resulting in 7-day and 5-day suspensions (as indicated above).  As a consequence, she is currently suspended until the close of racing on 31 December 2021.   He said, referencing the totality principle, that the Adjudicative Committee may wish to take into account the cumulative impact of three penalties given all breaches occurred on the same raceday.

Mr Williamson added that this breach occurred in a Group 1 race in which the Respondent’s mount finished in fourth place and her share of the stake was $550.

Reasons For Penalty

This is the Respondent’s sixth whip breach within the 6-month reset period.   Four of the previous breaches are for excessive use and this is her second breach for consecutive strides.

The NZTR Revised Penalty Guide for improper whip use (effective as of 1 September 2021) provides that:

1. Excessive or improper whip use during racing is unacceptable (particularly where repeated) and must be denounced and discouraged by way of a penalty.
2. A prior offence in any category of breach is included in consideration of penalties.
3. Additional National Days and/or an increased percentage of the jockey share of stake to be added where whip infringement is in a black type race, a prestige jumping race or other major race.
4. Where charges are upheld within the 6-month reset period, each consecutive penalty in the 6 months is to be raised by 1 or 2 days.

After considering the above Guidelines and the film evidence, the submissions and having due regard for the number of consecutive strikes (2), the status of the race and stakes payable, as well as the Respondent’s share of the stake ($550), the Adjudicative Committee determined that a starting point of 6 days suspension to be appropriate.  This conforms with the Guidelines which sets a starting point for a 4th breach at 5+ national day suspension plus 50% of Rider’s share of the stake.

From the 6-day starting point the following factors were taken into account.

• That the Respondent has a poor record and is an aggravating factor.
• That clearly fines and suspensions imposed for previous offending are not having a deterrent effect.
• That this is the Respondent’s sixth breach; and her third breach on the same day for which a 1-day uplift is applied.
• That the breach occurred in a Group 1 race for which a further 2-day uplift fine is applied (normally a breach in a Group 1 race could attract a 3-day uplift but this is discretionary); and
• That an increased percentage of the Respondent’s share of stake is applied by way of a $400 fine.

The combined 3-day uplift from the 6-day starting point results in a 9-day suspension.

There are no mitigating factors, but in consideration of penalty thought was given to the totality principle to ensure that the penalty was fair and reasonable on the basis that three of the breaches occurred on the one raceday with the cumulative effect of the three penalties resulting in 5-day, 7-day and now 9-day suspensions. But for giving this some weight the Respondent may well have incurred a more lengthy suspension  in light of the overall circumstances.

Note

The Respondent’s overall record is very poor.  The Adjudicative Committee understands that in the past 12 months she has committed 23 breaches from which she has faced 9 charges.  The remaining 14 breaches have resulted in warnings or reprimands (7 of which are whip related).

It is clear the Respondent has not adapted to the Whip Rules introduced on 1 September 2021, she must accept there is a problem, own it and now must make some urgent modifications or changes to her whip usage and style.  If this does not occur pursuant to Rule 343(2) Stewards should consider directing the Respondent to meet with a Rider Skills Review Panel with regards to her whip use technique and the need for further training.

Conclusion

The Respondent’s License to ride in races is suspended for 9 days to commence after racing on 31 December 2021 and until after close of racing at Otaki on 13 January 2021.

In addition, a fine of $400 is imposed (this being an increased percentage of the share of the stake due to the breach occurring in a black type (Group 1) race.