Ashburton RC 14 March 2024 – R5 – Warren Kennedy
ID: RIB40045
Animal Name:
BAD FLAMINGO
Code:
Thoroughbred
Race Date:
14/03/2024
Race Club:
Ashburton Racing Club
Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700
Race Number:
R5
Hearing Date:
14/03/2024
Hearing Location:
Ashburton Racecourse, Ashburton
Outcome: Proved
Penalty: Class A Jockey, Warren Kennedy, suspended 5 days
BACKGROUND:
Following the running of Race 5, Betty Wadley Memorial, Class A Jockey, Warren Kennedy, admitted a breach of Rule 638(3)(g)(i) in that, as the Rider of BAD FLAMINGO in the race, he “struck his mount with the whip nine times prior to the 100 metres mark”.
Rule 638 provide as follows:
(g) Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), a Rider must not:
(i) except as provided for in (iii) (A) and (iii) (B) of this sub-Rule, 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).
EVIDENCE:
Stipendiary Steward, Veronica Algar, showed a video replay of the final 200-300 metres of the Race. She pointed out BAD FLAMINGO, ridden by the Respondent, racing against the rail and in the lead as the field turned into the final straight. She then showed that the Respondent struck his mount with the whip nine times from that point to the 100 metres.
The alleged count was agreed by the Respondent.
DECISION:
The breach having been admitted, it is deemed proved.
SUBMISSIONS FOR PENALTY:
Ms Algar said that the Respondent has a clear record as far as breaches of this part of the Whip Rule is concerned.
She referred to the Penalty Guide which provides for a penalty for a first breach involving four additional strikes of a suspension for 5 national riding days and submitted that would be an appropriate penalty.
The Respondent requested a deferment of suspension until after racing on 16 March.
REASONS FOR PENALTY:
The Adjudicative Committee noted the provisions of the RIB Thoroughbred Penalty Guide (February 2023). That suggests a starting point for a first breach involving four or more additional strikes prior to the 100 metres of a suspension of 5 national riding days. There are no relevant aggravating or mitigating factors to be considered.
CONCLUSION:
Class A Jockey, Warren Kennedy’s Licence to ride in races is suspended from after the close of racing on 16 March 2024 up to and including 24 March 2024 – 5 national riding days.
Decision Date: 14/03/2024
Publish Date: 17/03/2024