Ashburton RC 14 March 2024 – R5 – Warren Kennedy

BACKGROUND:

Following the running of Race 5, Betty Wadley Memorial, Class A Jockey, Warren Kennedy, as the Rider of BAD FLAMINGO in the race, admitted a breach of the Whip Rules in that he “used his whip with an action that raised his arm above shoulder height”.

Rule 638(3)(f)(ii) provides:

(f)      Without limiting the generality of subrule 638(3)(e), in a Flat Race or Jumping Race, a trial (including jump-outs and/or tests for certification purposes) a Rider must not use his or her whip:

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

 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, in the lead and against the rail as the field turned into the final straight.

Ms Algar showed that the Respondent commenced using his whip and, on four occasions, clearly used it in an action that raised his right arm above shoulder height.

The Respondent admitted that the alleged offending strikes were clear. He said that, in relation to the first two strikes, he was raising his arm to avoid Mr Moseley on LADYSWEY, racing on his outer. In one of those strikes, he said, he had caught Mr Moseley on the shoulder.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Ms Algar said that the Respondent has one previous breach of this part of the Rule – on 2 January 2024 at Racing Tauranga, fined $250.

The Penalty Guide provides a starting point of a $250 fine for a first breach, Ms Algar said. She submitted that an uplift should be applied for a second breach and, also, the number of offending strikes.

The Respondent reiterated his submission that the first two strikes with his arm raised were to avoid striking another Jockey.

REASONS FOR PENALTY:

The breach involved four uses of the whip with the arm clearly raised above shoulder height. It is fair to say that, on that basis, the breach is probably mid-level. The Adjudicative Committee notes the Respondent’s explanation in relation to the first two of those strikes. However, the Respondent ought not to have used his whip at all, with another horse so close to his outside.

The RIB Thoroughbred Racing Penalty Guide (February 2023) provides a starting point for a first, mid-level offence of a $250 fine. It is an aggravating factor that the Respondent has a recent breach of the Rule in the preceding 6 months. An uplift to the starting point is applied for that factor.

Accordingly, a fine of $300 is an appropriate penalty for this particular breach.

CONCLUSION:

Class A Jockey, Warren Kennedy is fined $300.