Non-Raceday Inquiry – Written Decision dated 22 March 2023 – Sam Weatherley

Introduction

[1] This charge of Excessive Whip Use r 638(3)(g)(i) arises from the running of Race 8, the Group 1 New Oaks ($450,000), at the Wellington RC meeting on 18 March 2023.

[2] Following a post-meeting review of raceday films this breach was identified and the charge was authorised by Mr M Clement: RIB CE on 20 March 2023. Information No. A16758 refers.

[3] The charge was subsequently admitted and heard at the Auckland TR meeting at Pukekohe on 22 March 2023.

The Charge

[4] Information No. A16758 alleges that Class A Rider, Mr Sam Weatherley, in Race 8 at the Wellington RC on 18 March 2023, “struck his mount SEDAKA with the whip six times prior to the 100-metre mark”. 

The Rule

[5] Rule 638(3)(g)(i) provides that in a flat race a Rider must not:

(i)  strike a horse with a whip more than 5 times prior to the 100-metres mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins).

Decision

[6] As the charge is admitted it is deemed to be proved.

Evidence

[7] Using the available race films Senior Stipendiary Steward, Mr Jones identified Mr Weatherley’s mount (SEDAKA).  He pointed out that Mr Weatherley struck his mount six times, from the straight entrance to the 100-metre mark.

[8] In response Mr Weatherley agreed with the number of strikes and had nothing to further to add.

Submissions for Penalty:

[9] Mr Jones presented the Respondent’s record which was clear over the preceding six months. He said that Guidelines provide for a $250 fine, except when the breach occurs in a Black Type race.  This was a Group 1 race and SEDAKA finished in 5^th place.  Her share of the stake was $11250.

[10] A penalty in line with the Guidelines was recommended.

[11] Mr Weatherley submitted that this was his first ever breach of the revised Whip Rule.

Reasons for Penalty:

[12] In a Black Type race, such as this, the Penalty Guidelines provide for the greater of either a fine of $250 (first breach) or 50% of a Rider’s share of the stake money.  In this instance Mr Weatherly’s share of the stake money, at $280, is slightly more than the recommended fine.   There are no aggravating factors to consider. Mr Weatherley is a busy Rider, and it is of note that he has not previously breached this Rule since the revised NZTR Directive came into force on 1 September 2021.

[13] There are no aggravating factors to consider.

[14] Mr Weatherley is fined the equivalent of 50% of his share of the stakemoney, namely $280.

Conclusion:

[15] The Respondent Mr Weatherley is fined $280.

Costs

[16] This matter was heard on a raceday.  On that basis there is no order for costs.