Auckland TR 21 September 2024 – R5 – Warren Kennedy

Evidence:

Following the running of Race 5, the Respondent Class A Rider Mr W Kennedy, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of LUBERON  “he permitted his mount to shift outwards when not sufficiently clear of MR JAY EIGHT which was checked passing the 100 metres.

The Respondent 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 available race films, Senior Stipendiary Steward Mr Jones demonstrated the incident and identified the horses and Riders concerned.  He said that approaching the 100 metre mark in the home straight, LUBERON (Mr Kennedy), was wide out on the track challenging for the lead.  LUBERON was in front of MR JAY EIGHT, whose Rider Mr Lawson-Carroll, had angled into an unimpeded gap.  Shortly after, LUBERON commenced to shift out, 2 ½ horse-widths into the running line of MR JAY EIGHT, who was checked.  Mr Jones said that Mr Kennedy continued to ride forward with the whip and took corrective action, which was too late. At the time of the shift, LUBERON was only ¾ length clear of MR JAY EIGHT.

In response, Mr Kennedy said “the filly does tend to shift out and is a difficult horse to ride. She has a history of shifting and is a difficult horse to straighten after shifting”.  

Decision:

As the Respondent, Mr Kennedy, admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty:

Mr Oatham produced Mr Kennedy’s riding record, which indicated four previous breaches from 815 rides in the past 12 months.  He said that Mr Kennedy is one of the countries busiest Riders and his previous suspensions are well spaced, with his most recent occurring on 27 April 2024 (4 days-low level) and the first breach having occurred in October 2023 and is due to ‘drop off’ next month.

Mr Oatham said Stewards assessed the level of carelessness to be in the mid-range.  He added that Mr Kennedy’s mount does have a ‘history’ (as outlined by Mr Kennedy) and that the chances of MR JAY EIGHT of finishing in a better placing, were affected by the incident.

Mr Kennedy sought a deferment to any proposed suspension until after racing on 28 September 2024.  Mr Kennedy pointed to the fact that he has a good record, given his number of rides over the past 12 months.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined Mr Kennedy’s level of carelessness to be in the mid-range and adopted a 7-day (suspension) as the starting point.

The available films clearly established that nearing the 100 metre mark, LUBERON shifted out into the line of MR JAY EIGHT, who had to be restrained and was checked.  Although LUBERON won the race, it cannot be said that the outward shift was a determinative factor in the winning of the race. Nonetheless, MR JAY EIGHT, who finished fourth, clearly had its chances of finishing in a better placing, affected by the incident.

This is Mr Kennedy’s fifth breach in 12 months, but when taking into account his number of rides (815) and the fact that the first breach is due to reset, the Adjudicative Committee deemed his record can be offset by his admission of the breach.  Accordingly, no uplift is applied for his record, but no reduction is applied for his admission.

After consideration of the above factors, a 7-day suspension is imposed.

Conclusion:

The Respondent’s request for a deferment is granted and his Licence to ride in races is suspended for a period of 7 days, commencing after racing on 28 September 2024 and concluding after racing on 11 October 2024.