Riccarton Park – Canterbury JC 11 November 2023 – R9 (heard 15 November 2023 at Riccarton) – Sam Weatherley

ID: RIB29739

Respondent(s):
Sam Weatherley - Jockey

Applicant:
John Oatham - Chief Stipendiary Steward

Adjudicators:
Stewart Ching (Chair) Dave Anderson

Persons Present:
Sam Weatherley - Class A Rider, John Oatham - Chief Stipendiary Steward

Information Number:
A21173

Decision Type:
Race Related Charge

Charge:
Excessive use of the whip

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
TALISKER

Code:
Thoroughbred

Race Date:
11/11/2023

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R9

Hearing Date:
15/11/2023

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Jockey Sam Weatherley is fined $2775

Evidence

This was an adjourned hearing from the Riccarton Park – Canterbury Jockey Club meeting on 11 November 2023.

Following the running of Race 9, the Al Basti Equiworld Dubai NZ 2000 Guineas, the Respondent Sam Weatherley, Class A Rider admitted a charge alleging excessive whip use prior to the 100 metres in that ” he struck his mount TALISKER 6 times prior to the 100m with a further 5 inside the 100m.”

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-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins); or

Using the available race films, Chief Stipendiary Steward Mr Oatham demonstrated that the Respondent struck his mount 6  times from the straight entrance to the 100-metre mark.  He pointed out that Mr Weatherley used his whip on a further 5 strikes inside the 100m.

In response, by way of explanation the Respondent Mr Weatherley stated that the films spoke for themselves. He said he misjudged the number of strikes before the 100m. He added that the horse was responding to his riding and he got excited when in contention to win the race.

Decision

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

Submissions for Penalty

Mr Oatham produced the Respondent’s record which indicated a previous breach on 29 July 2029 at Levin, where a $900 fine was imposed in a Listed Race.

Mr Oatham stated that this was a Group 1 Race, a stake of $600,000, with the Penalty Guide providing a starting point of 50% of the Rider’s share of the stake earned. He said that Mr Weatherley’s 50% share of the 2nd place stake of $111,000 was calculated at $2775 and submitted a penalty commensurate with the Penalty Guide for excessive whip use in a Group Race, be considered as penalty.

The Respondent made no submissions in regard to penalty.

Reasons for Penalty

The Penalty Guide starting point for a breach of this nature in a Black Type Race is set out below.

For breaches of the Whip Rule prior to the 100m mark:

2nd offence starting point 50% of jockey share of stake.

After considering the film evidence, it was determined that a fine as per the Penalty Guide, that being a fine of 50% of the Rider’s share of the stake, be imposed. The Respondent’s 50% share of 2nd stake of $111,000 was calculated at $2775.

On that basis, the Respondent is fined $2775.

Conclusion

The Respondent Mr Weatherley is fined the sum of $2775.

Decision Date: 15/11/2023

Publish Date: 16/11/2023