Inconsistency and Penalty Lunacy AGAIN!

[Chief Stipe]

Manawatu RC 2 April 2022 – R6 – Sam Weatherley

ID: RIB8419

Respondent(s):
Sam Weatherley - Jockey

Applicant:
Mr K Coppins

Adjudicators:
N Moffatt and N McCutcheon

Persons Present:
Mr K Coppins, Mr M Austin, Mr S Weatheley

Information Number:
A17304

Decision Type:
Adjudicative Decision

Charge:
Careless Riding

Rule(s):
638(1)(d)

Plea:
Admitted

Stewards Report

Results

Animal Name:
MAVEN BELLE

Code:
Thoroughbred

Race Date:
02/04/2022

Race Club:
Manawatu Race Club

Race Location:
Awapuni Racing Centre - 67 Racecourse Road, Awapuni, Palmerston North, 4412

Race Number:
R6

Hearing Date:
02/04/2022

Hearing Location:
Awapuni Racecourse

Outcome: Proved

Penalty: Jockey Sam Weatherley is suspended for 8 days and fined $2000

Evidence:

Following the running of Race 6 (Group 1 Manawatu Sires Produce), the Respondent, Class A Rider Mr S Weatherley, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of MAVEN BELLE he allowed his mount to shift outwards into the line of WOLVERINE (L Innes) which was hampered near the 75 metres.

Mr Weatherley acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using the head-on film, Stipendiary Steward Mr M Austin identified Mr Weatherley in front on the fence riding MAVEN BELLE with WOLVERINE out in the middle of the track.

Stipendiary Steward Mr K Coppins said that when MAVEN BELLE ran out into the line of WOLVERINE, Mr Weatherley did not do enough to straighten his mount in that he continued to use the whip rather than put his hand back on the reins.

In response, Mr Weatherley agreed that his horse had moved out under pressure, and due to a bit of greenness, but maintained that he did try to straighten it when it got close to WOLVERINE. He said he put his whip away and Mr Innes was hampered only slightly in the incident.

Decision:

As Mr Weatherley admitted the breach the Adjudicative Committee finds the breach proved

Submission for Penalty:

Mr Coppins produced Mr Weatherley’s careless riding record:

1/1/22   Auckland 10 days +$1000

19/11/21 Taranaki 4 days

4/9/21 Waikato 7 days

2/9/21 Cambridge 3 days

Mr Weatherley has had 422 mounts in the past 12 months.

Mr Coppins said Stewards assessed the level of carelessness to be below midrange. He also said that Adjudicative Committees in the Northern region had recently been taking into account the effects of Covid when arriving at penalties.

Mr Weatherley said that he was a busy Rider who often has a full book of rides, but he had missed some riding lately due to sickness. He considers himself a clean Rider and said that he is due to ride his father’s horse in Sydney on April 16th which is the opportunity of a lifetime for him.

Reasons for Penalty:

In the home straight, Mr Weatherley was on the fence and well in the lead. From his position on the rail, he began to move outwards, which he was entitled to do so because he was clear of any other runner. The charge of careless riding arose only from when he got close to WOLVERINE and went 2 strides too far before taking corrective action. Mr Weatherley put his whip away and did not use it again apart from one strike right on the finish line. The Adjudicative Committee determined that Mr Weatherley’s carelessness sat below midrange. We adopted a starting point of 6 days which conforms with the NZTR Penalty Guide (as of 1 March 2022).

The Group 1 status of the race elevated the number of days by 3 to 9 days.

Taking into account Mr Weatherley’s record, which we treated as a neutral factor, we allowed a 1-day reduction for his admission of the breach arriving at an 8- day suspension. For  breaches occurring in “black -type” races particularly where the Jockey has won the race it is common for Adjudicative Committees to impose an additional monetary penalty.

After consideration of all the above factors, an 8-day suspension and a fine was deemed an appropriate penalty.

Conclusion – Penalty:

Mr Weatherley’s licence to ride in races is suspended for a period of 8 days, commencing after racing today and concluding after racing on Thursday April 14th. In addition he is fined the sum of $2000.

 

[Chief Stipe]

Just now, Chief Stipe said:

Stipendiary Steward Mr K Coppins said that when MAVEN BELLE ran out into the line of WOLVERINE, Mr Weatherley did not do enough to straighten his mount in that he continued to use the whip rather than put his hand back on the reins.

Has Mr K Coppins ever ridden a horse?  I don't know just asking for a friend.

1 minute ago, Chief Stipe said:

In response, Mr Weatherley agreed that his horse had moved out under pressure, and due to a bit of greenness, but maintained that he did try to straighten it when it got close to WOLVERINE. He said he put his whip away and Mr Innes was hampered only slightly in the incident.

In my opinion Innes knew Wolverine had come to the end of her run and wasn't going to get past Maven Belle i.e. he milked it a bit and he himself didn't take positive action.  Have they promised Lethal the ride in OZ?

2 minutes ago, Chief Stipe said:

Mr Coppins said Stewards assessed the level of carelessness to be below midrange. He also said that Adjudicative Committees in the Northern region had recently been taking into account the effects of Covid when arriving at penalties.

I don't support the approach that because we are short of experienced Jockey's penalties for careless or dangerous riding should be reduced.

4 minutes ago, Chief Stipe said:

Mr Weatherley said that he was a busy Rider who often has a full book of rides, but he had missed some riding lately due to sickness. He considers himself a clean Rider and said that he is due to ride his father’s horse in Sydney on April 16th which is the opportunity of a lifetime for him.

Lethal may or may not be going to OZ but Sam is!!!

4 minutes ago, Chief Stipe said:

The charge of careless riding arose only from when he got close to WOLVERINE and went 2 strides too far before taking corrective action. Mr Weatherley put his whip away and did not use it again apart from one strike right on the finish line.

An accurate description.

5 minutes ago, Chief Stipe said:

The Adjudicative Committee determined that Mr Weatherley’s carelessness sat below midrange. We adopted a starting point of 6 days which conforms with the NZTR Penalty Guide (as of 1 March 2022).

The Group 1 status of the race elevated the number of days by 3 to 9 days.

WTF does it being a Group1 race have to do with a penalty for careless or dangerous riding?  Is the message being sent - "you can bowl someone over in a Ruakaka Maiden and get less days just don't do it in a Group race!"

7 minutes ago, Chief Stipe said:

For  breaches occurring in “black -type” races particularly where the Jockey has won the race it is common for Adjudicative Committees to impose an additional monetary penalty.

What?  So if a rider WINS he gets fined more irrespective!  Just blatant money grabbing of Stakes money driven in part by the under funding of the RIB.

 

9 minutes ago, Chief Stipe said:

Mr Weatherley’s licence to ride in races is suspended for a period of 8 days, commencing after racing today and concluding after racing on Thursday April 14th. In addition he is fined the sum of $2000.

Mmmm now compare this to another suspension on the day.

[Chief Stipe]

Manawatu RC 2 April 2022 – R5 – Taiki Yanagida

ID: RIB8418

Respondent(s):
Taiki Yanagida - Jockey

Applicant:
K Coppins

Adjudicators:
N Moffatt and N McCutcheon

Persons Present:
T Yanagida, K Coppins, M Austin

Information Number:
A17301

Decision Type:
Adjudicative Decision

Charge:
careless riding

Rule(s):
638(1)(d)

Plea:
Admitted

Stewards Report

Results

Animal Name:
GERMANICUS

Code:
Thoroughbred

Race Date:
02/04/2022

Race Club:
Manawatu Race Club

Race Location:
Awapuni Racing Centre - 67 Racecourse Road, Awapuni, Palmerston North, 4412

Race Number:
R5

Hearing Date:
02/04/2022

Hearing Location:
Awapuni Racecourse

Outcome: Proved

Penalty: Jockey Taiki Yanagida is suspended for 7 days and fined $500

Evidence:

Following the running of Race 5, the Respondent, Class A Rider Mr Taiki Yanagida, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of GERMANICUS, Mr Yanagida allowed his mount to shift inwards near the 150 metres dictating BRANDO (O Bosson) which in turn dictated PROVIDENCEPROVIDES (W Pinn) into the line of CAVALLO VELOCE (S McKay) which clipped a heel and blundered badly.

Mr Yanagida acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using all available race films, Stipendiary Steward Mr M Austin demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Mr K Coppins said that just past the 200m mark Mr Yanagida, who was on the very outside of the field, allowed his mount to shift inwards dictating Mr Bosson’s mount inwards. In an attempt to straighten his horse, Mr Yanagida swapped the whip to his inside hand but the Stewards believed he did not do enough.

In response, Mr Yanagida said that when his horse got to the front next to Mr Bosson, it started to roll inwards and it was also running away from the Marsh runner coming down on his outside. Mr Yanagida tried to straighten his line of running by using his hands, but GERMANICUS did not respond to him. To relieve the pressure on Mr Bosson, he moved the whip to his left hand and straightened his mount by using the whip.

Decision:

As Mr Yanagida admitted the breach the Adjudicative Committee finds the breach proved

Submission for Penalty:

Mr Coppins produced Mr Yanagida’s careless riding record:

1/1/22   Auckland (low end) 5 days

6/11/21 Waikato (mid-range) 7 days + $200

2/10/21 Hastings (mid-range) 8 days

14/8/21 Waikato (mid-range) 5 days + $500

Mr Coppins said Stewards assessed the level of carelessness to be in the high range due to the fact that CAVELLO VELOCE blundered like it did.

Mr Yanagida advised that he was about to begin a suspension for excessive whip use which would end on April 6th.

Reasons for Penalty:

There is no doubt that GERMANICUS shifted inwards from its position wide on the track which set up a concertina affect to runners on its inside culminating in CAVELLO VELOCE clipping a heel and nearly falling. The films provide credible evidence to support Mr Yanagida’s statement that he did attempt to straighten his mount however he erred in not placing both hands back on the reins. Drawing the whip is not an acceptable way to straighten a horse. In addition, Mr Bosson’s mount shifted in more than it needed to which heightened the effect to inside runners. After considering all submissions the Adjudicative Committee determined that Mr Yanagida’s carelessness sat in the mid-range. The Adjudicative Committee adopted a starting point of 7 days which conforms with the NZTR Penalty Guide (as of 1 March 2022).

Taking into account Mr Yanagida’s record which we treated as a neutral factor, the Adjudicative Committee applied a 1 day uplift to reflect the Listed status of the race and reduced this by 1 day for his admission of the breach.

After consideration of all the above factors, a 7-day suspension was considered appropriate. Due to the Black Type status of the race a monetary penalty has also been added.

Conclusion – Penalty:

Mr Yanagida’s licence to ride in races is suspended for a period of 7 days, commencing after racing on Wednesday April 6th and concluding after racing on Saturday April 16th. In addition, there is a $500 fine.

 

[Chief Stipe]

2 minutes ago, Chief Stipe said:

which in turn dictated PROVIDENCEPROVIDES (W Pinn) into the line of CAVALLO VELOCE (S McKay) which clipped a heel and blundered badly.

Cavallo Veloce nearly fell!!!

3 minutes ago, Chief Stipe said:

The films provide credible evidence to support Mr Yanagida’s statement that he did attempt to straighten his mount however he erred in not placing both hands back on the reins. Drawing the whip is not an acceptable way to straighten a horse.

So you can't straighten a horse with a whip? 

3 minutes ago, Chief Stipe said:

Taking into account Mr Yanagida’s record which we treated as a neutral factor, the Adjudicative Committee applied a 1 day uplift to reflect the Listed status of the race and reduced this by 1 day for his admission of the breach.

So one day added for a Listed Race......is it 2 for a Group 2/3 and 3 for a Group 1?  Note nothing added for the severity of the offense!

5 minutes ago, Chief Stipe said:

Mr Yanagida’s licence to ride in races is suspended for a period of 7 days, commencing after racing on Wednesday April 6th and concluding after racing on Saturday April 16th. In addition, there is a $500 fine.

So Yanagida gets 7 days and $500 whereas Weatherley gets 8 days and $2,000.  Which effort was worse?  In my opinion Yanagida's by a country mile!!!

Ironically they both would have got more if they hadn't pleaded guilty!!

[Chief Stipe]

Then there is this one by Darren Danis.

Submission for Penalty:

Mr Williamson advised that the Respondent has a very good record having not breached the Careless Riding Rule in the past 12 months.

Mr Williamson said Stewards assessed the level of carelessness to be in the low range, but the fact that his mount was relegated is an aggravating factor. He invited the Adjudicative Committee to take into account when assessing penalty, the impact that Covid-19 is currently having on Rider availability.

The Respondent did not seek a deferment to any proposed suspension.  He offered no submissions as to penalty.

Reasons for Penalty:

After considering the submissions, the Adjudicator determined the Respondent’s carelessness to be in the low to mid-range which has a starting point of a 6-day (suspension). This conforms with the NZTR Penalty Guide (as of 1 March 2022).

Mr Danis continued to ride forward whilst his mount drifted outward 6 to 8 horse widths.  He had ample opportunity to stop riding and straighten his mount.  Had he paused and straightened, he may have limited interference to DIONYSUS.  It is an aggravating factor that as a result of his carelessness, his mount was relegated.  Accordingly, a one-day uplift is applied to the 6-day starting point.

After taking into account the Respondent’s very good riding record, his admission of the breach and the fact that currently Rider availability is being impacted due to Covid-19, a 2-day reduction is applied to the starting point.

After consideration of the above factors, a 5-day suspension is imposed.

Conclusion – Penalty:

Mr Danis’ Licence to ride in races is suspended for a period of 5 days commencing after racing on 2 April 2022 and concluding after racing on 9 April 2022.

 

[Chief Stipe]

Danis get's 5 days - two days discount because of Covid!  Plus he gets an extra day because his mount was relegated!!!!!  Eh?  Is that natural justice?  The penalty for one is influenced by the outcome of a related case?

BUT he only gets 5 days (not black type) and NO fine (not black type).  Yet his offense would rank higher than the other two!!

[curious]

Read the penalty guidelines. Quite consistent imo.

[Chief Stipe]

21 hours ago, curious said:

Read the penalty guidelines. Quite consistent imo.

So I guess you are inferring that the RIB ARE being consistent in the application of penalties i.e. they are consistent with the guidelines.  I disagree.

However does it follow that the problem lies with the NZTR guidelines?  

[All The Aces]

On 4/6/2022 at 9:24 AM, Chief Stipe said:

Has Mr K Coppins ever ridden a horse?  I don't know just asking for a friend.   --   I have never flown a plane but I know the difference between a good landing and a bad one.  

In my opinion Innes knew Wolverine had come to the end of her run and wasn't going to get past Maven Belle i.e. he milked it a bit and he himself didn't take positive action.  Have they promised Lethal the ride in OZ?  ---   In my opinion she hadn't come to end of her run at all. 

I don't support the approach that because we are short of experienced Jockey's penalties for careless or dangerous riding should be reduced.  - maintaning consistency.

Lethal may or may not be going to OZ but Sam is!!!

An accurate description.

WTF does it being a Group1 race have to do with a penalty for careless or dangerous riding?  Is the message being sent - "you can bowl someone over in a Ruakaka Maiden and get less days just don't do it in a Group race!"   - ---  The Rules of both Codes draw the attention of Judicial Committees to the following matters relevant to fixing penalties: • the status of a race; • the stake payable for a race;

What?  So if a rider WINS he gets fined more irrespective!  Just blatant money grabbing of Stakes money driven in part by the under funding of the RIB.  -----The Rules of both Codes draw the attention of Judicial Committees to the following matters relevant to fixing penalties: • the status of a race; • the stake payable for a race;

 

Mmmm now compare this to another suspension on the day.  

 

[Chief Stipe]

14 minutes ago, All The Aces said:

 I have never flown a plane but I know the difference between a good landing and a bad one.

Really?  What do you determine to be a good landing?  A bad landing?  Coppins was commenting on what the Jockey should do with his whip and hands.  Are you qualified to tell a pilot what he should have done with the controls of his aeroplane to make the landing a good one?

14 minutes ago, All The Aces said:

In my opinion she hadn't come to end of her run at all. 

Perhaps she hadn't come to the end of her run but she certainly wasn't going to go faster which she needed to do to win.

14 minutes ago, All The Aces said:

The Rules of both Codes draw the attention of Judicial Committees to the following matters relevant to fixing penalties: • the status of a race; • the stake payable for a race;

Why?  The outcome of errant riding is the same regardless of what type of race it is.  Isn't the objective to improve the quality of the riding and make it safer?  Therefore the crime determines the penalty not the class of the race.

17 minutes ago, All The Aces said:

Mmmm now compare this to another suspension on the day. 

Which one?

[curious]

7 hours ago, Chief Stipe said:

However does it follow that the problem lies with the NZTR guidelines?  

What problem?

[All The Aces]

6 hours ago, Chief Stipe said:

 

Why?  The outcome of errant riding is the same regardless of what type of race it is.  Isn't the objective to improve the quality of the riding and make it safer?  Therefore the crime determines the penalty not the class of the race.

 

The rewards for winning a G1 race are certainly diffrent from winning a maiden race in many aspects including financial reward from the stake money and value of the horse and resultant progeny and this is why the rules state

The Rules of both Codes draw the attention of Judicial Committees to the following matters relevant to fixing penalties: • the status of a race; • the stake payable for a race; 

[Chief Stipe]

14 hours ago, All The Aces said:

The rewards for winning a G1 race are certainly diffrent from winning a maiden race in many aspects including financial reward from the stake money and value of the horse and resultant progeny and this is why the rules state

The Rules of both Codes draw the attention of Judicial Committees to the following matters relevant to fixing penalties: • the status of a race; • the stake payable for a race; 

The rewards may be different but the crime is the same.  Surely the intent of penalties for the offence is to improve the quality of the riding. 

It is a bit like saying if I steal a rich man's horse I should get longer in jail than if I stole a poor man's horse.  The poor man has been hurt more than the rich man.  

[All The Aces]

But stewards quickly removed the smile from Rawiller’s face when issuing a two-week suspension and $40,000 fine for the jockey’s excessive whip use.

Rawiller pleaded guilty to striking Think It Over eight times prior to the final 100 metres and 20 times in total.

Under NSW whip rules, a jockey is allowed to breach the five strikes prior to the final 100m rule provided they don’t hit the horse more than 18 times in total during the race.

When handing down the penalty chief steward Marc Van Gestel told Rawiller there were multiple factors for the heavy penalty. “The Queen Elizabeth Stakes is one of our flagship races of the autumn”, Think It Over’s winning margin was “half-a-length” and (taking into account) Rawiller’s past whip record “particularly in feature races”.

Rawiller’s suspension starts on Sunday week and he is free to resume riding from Monday, May 2.

Think It Over earned $2.3 million for winning the Queen Elizabeth, Rawiller’s five per cent winning riding fee totalled $115,000.

The former champion Sydney rider was fined $2000 last week for a whip breach aboard Commando Hunt which finished second in the Country Championships Final.

On that occasion, Rawiller struck that galloper eight times prior to the final 100m and 19 times in total.

Rawiller’s previous whip use penalty was a $20,000 fine and six meeting suspension he incurred aboard Eduardo in The Everest last year.

[Chief Stipe]

On 7/04/2022 at 7:55 PM, All The Aces said:

The rewards for winning a G1 race are certainly diffrent from winning a maiden race in many aspects including financial reward from the stake money and value of the horse and resultant progeny and this is why the rules state

The Rules of both Codes draw the attention of Judicial Committees to the following matters relevant to fixing penalties: • the status of a race; • the stake payable for a race; 

 

On 6/04/2022 at 10:04 AM, curious said:

Read the penalty guidelines. Quite consistent imo.

But the guidelines are not complete are they?

Riccarton Park-Canterbury JC 9 April 2022 – R4 – Terry Moseley

ID: RIB8485

Respondent(s):
Terry Moseley - Jockey

Applicant:
Mr John Oatham - Chief Stipendiary Steward

Adjudicators:
Dave Anderson (Chair) and Olivia Jarvis.

Information Number:
A12572

Decision Type:
Adjudicative Decision

Charge:
"Struck his mount MISS TAVI above shoulder height"

Rule(s):
638(3)(F)(ii) - Whip Regulations.

Plea:
Admitted

Stewards Report

Results

Animal Name:
MISS TAVI

Code:
Thoroughbred

Race Date:
09/04/2022

Race Club:
Canterbury Jockey Club

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

Race Number:
R4

Hearing Date:
09/04/2022

Hearing Location:
Riccarton Racecourse, Christchurch.

Outcome: Proved

Penalty: Jockey Terry Moseley is fined $250.

Evidence

Following the running of Race 4, the Respondent Mr Terry Moseley admitted a charge alleging use of whip above shoulder height over the concluding stages.

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

(ii) use an action that raises the Rider’s arm above shoulder height.

Using the available race films, Chief Stipendiary Steward Mr John Oatham demonstrated that the Respondent struck his mount 2 times above shoulder height over the concluding stages of the race.     

In response, the Respondent Mr Moseley said he was disappointed to be charged as he thought he had adapted well to the changes in the Whip Regulations.

Decision

As the Respondent Mr Moseley 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 warning under the Rule on 21 December 2021 at Ashburton.

Stewards assessed the breach as low and submitted there was no Penalty Guide starting point for this Rule in the NZTR Revised Penalty Guide for improper whip use (as of 1 March 2022).

Mr Oatham said the Stewards could draw a comparison with the penalties for whip use before the 100 metres.

The Respondent Mr Moseley made no submissions on Penalty.

Reasons For Penalty

The Penalty Guide has no starting point for a breach of this Rule.

After considering the film evidence and the submissions and having due regard for the number of strikes and the status of the race, the Adjudicative Committee determined it was fair and reasonable to align a penalty with those of Rule 638(3)(g)(i) “using the whip more than 5 times prior to the 100m mark”.

On that basis, the Respondent is fined $250.

Conclusion

The Respondent is fined $250.