Riccarton Park – Canterbury JC 3 August 2024 – R9 – Warren Kennedy
ID: RIB44857
Animal Name:
FREEZE FRAME
Code:
Thoroughbred
Race Date:
03/08/2024
Race Club:
Canterbury Jockey Club
Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,
Race Number:
R9
Hearing Date:
03/08/2024
Hearing Location:
Riccarton Park
Outcome: Proved
Penalty: Jockey Warren Kennedy is fined $500
Evidence
Following the running of Race 9, the Respondent Class A Rider Warren Kennedy admitted a charge alleging excessive whip use prior to the 100 metres “in that he struck his mount FREEZE FRAMEÂ 6 times prior to the 100m with a further 5 strikes 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
Mr Kennedy was excused from attending the hearing, as he was in transit to the airport to catch a flight.
Using the available race films, Chief Stipendiary Steward John Oatham demonstrated that the Respondent struck his mount 6 times from the home turn to the 100-metre mark, with a further 5 strikes to the 100m, which excluded him from the exemption available under the Rules.
Decision
As the Respondent Mr Kennedy admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).
Submissions for Penalty
Mr Oatham produced the Respondent Mr Kennedy’s record, which indicated 1 previous breach being;
14 March 2024 – Ashburton – 5 day suspension for 9 strikes
Mr Oatham stated the Penalty Guide for excessive whip use for 1 additional strike second offence was a $250 fine. He said, however, that the status of this race, being the Group 3 Winter Cup, the starting point for a breach of this Rule was 50% of the Jockey’s share of the stake. Mr Kennedy’s mount finished second with a stake of $20,350, which calculated a starting point of $500. Mr Oatham submitted that a fine of $500 be considered as penalty.
Reasons for Penalty
The Penalty Guide starting point for a breach of this nature is set out below.
For breaches of the Whip Rule prior to the 100m mark:
2nd offence starting point $250 where there is 1 additional strike
With the status of this race, the Winter Cup, being Group 3 and with Mr Kennedy finishing in second place with a stake of $20,350, the starting point as per the Penalty Guide is 50% of the Jockey’s share, being approximately $500.
The Adjudicative Committee determined there were no aggravating factors to consider and as the penalty is mitigation inclusive, deemed a $500 fine as per the Penalty Guide provisions, was an appropriate penalty.
Conclusion
Mr Kennedy is fined the sum of $500.
Decision Date: 03/08/2024
Publish Date: 05/08/2024