Waikato TR 27 April 2024 – R5 – Warren Kennedy

Background:

Following the running of Race 5, the Group 3 ‘Inglis Sales Cambridge Breeders Stakes’, an Information was lodged alleging a breach of Rule 638(1)(d).

Details of the breach are as follows:

‘in that he permitted his mount ‘December’ to shift outwards when not sufficiently clear of ‘Vila Belmiro’ which was checked near the 350 metres’

Mr Kennedy confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach.

Rule 638(1)(d) provides:

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

Evidence:

Using available film, Stewards identified the incident and horses involved. As the field looked to straighten, DECEMBER was in the second half of the field and off the fence. Situated to the outside of the horse, were VILA BELMIRO (Mr Bill Jacobson) and MARY SHAN (Mr Craig Grylls). Mr Kennedy then looked to angle his mount out into clear air. In moving, he was insufficiently clear of VILA BELMIRO, who was forced out onto the hindquarters of MARY SHAN. In doing so, VILA BELMIRO suffered a check. DECEMBER finished 8th in the event, earning a Stake of $1,500. Mr Kennedy acknowledged that when moving, his mount was not the required distance clear of those horses to his outside.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee found the breach proved.

Submissions for Penalty:

Stewards outlined the Respondent’s record as it related to any breach of Rule 638(1)(d) within the 12 month reference period. Four were noted namely:

Rotorua          5/7/2023      mid range – 6 day suspension

Hawkes Bay  14/10/2023   mid range – 8 day suspension

Rotorua         10/12/2023   low range – 5 day suspension

Tauranga       15/12/2023   low range – 5 day suspension.

Mr Kennedy has had 756 rides within the last twelve months. Stewards contended that the breach sat at low range and referred the Adjudicative Committee to the current NZTR Penalty Guide. Mr Kennedy asked that where a suspension is imposed, same be deferred until after the Waikato TR Meeting on 4th of May 2024.

Reasons for Penalty:

The incident is clearly identified by film provided. It is acknowledged that at the time of the incident, VILA BELMIRO was under pressure, nonetheless its chances were adversely affected by the check suffered. The Adjudicative Committee concurs with Stewards, that the ride represents low range carelessness. The NZTR Penalty provides for a 5 day suspension as a starting point in such circumstance. This was adopted as the starting point. The Respondent’s record is deemed a neutral factor, given the number of rides over the last twelve months. An uplift of 1 day is imposed to reflect race status. The Guide does provide for a fine to be added where the offence occurs in a Black Type Race. Based upon 50% of the Jockey’s share of the stake earned, this was calculated at $37.50. Given such amount, a fine was not imposed.

Conclusion:

The Respondent’s Licence to ride in races is suspended for 6 National Riding Days. Deferment is granted, with suspension to take effect from the close of racing on 4th of May 2024, up to and including 12th of May 2024.