Auckland TC 19 October 2023 – R6 – Maurice McKendry

Evidence

Following the running of Race 6, the Respondent, Maurice McKendry admitted a breach of Rule 869(3)(b) namely he drove carelessly early in the run home when shifting ground outwards which resulted in SIMPLY SAM (A Poutama) being checked when locking wheels with MIKI SHAN.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’.  He confirmed he understood the Rule and the nature of the charge

Rule 869(3)(b) provides…no driver in any race shall drive carelessly

Using the available video footage Mr Steve  Mulcay identified the runners involved namely MIKI SHAN, driven by Mr McKendry, and SIMPLY SAM, driven by Mr Poutama. He advised the Adjudicative Committee that MIKI SHAN was racing three back on the pegs. On straightening for the run home SIMPLY SAM has improved on the outside. He said that Mr McKendry has then looked to come out off the horse in front but in doing so there has been quite an abrupt shift and has locked wheels with SIMPLY SAM who was checked and lost ground and momentum.  Also, Mr McKendry lost some momentum as a result of being hooked up in that manner.  He added it was not a dramatic shift but was quite abrupt.  Mr Poutama has not had an opportunity to shift with him.  Mr Mulcay assessed the breach as low to mid range.

Mr McKendry made no submissions.

Decision

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty

Mr Mulcay produced the Respondent’s record, which identified that Mr McKendry has a prior breach on 19 May 2023 in a Group Race in Auckland resulting in him incurring a five day suspension. The RIB Penalty Guidelines have a starting point for a second offence within the six month turnaround of a four day suspension. Mr Mulcay submitted no uplift was sought by virtue of the previous breach incurring a greater penalty, which was due to the status of that Race. Mr McKendry has had 78 drives since that breach.

Mr McKendry had nothing to submit in relation to penalty. He indicated he would take any suspension immediately.

Reason for Penalty

The Penalty Guide provides a penalty starting point of four days. Taking into account the submissions of the Applicant, noting the Race film and the resultant impact on the affected runner the Adjudicative Committee assessed the breach as mid-range and adopted a four day suspension as the starting point. There is no basis to depart from that suggested penalty.

Conclusion

Mr McKendry was suspended for four racedays from the end of racing on 19 October 2023 until the end of racing on 17 November 2023.