Auckland TC 21 September 2024 – R8 – Maurice McKendry

EVIDENCE:

Following the running of Race 8, Senior Stipendiary Steward Mr Steve Mulcay presented an Information alleging a breach of Rule 869(3)(b) by Open Driver Mr Maurice McKendry in that he drove carelessly near the 600m, by shifting inwards when insufficiently clear of MERLIN, which had to be restrained, losing its position.

Mr McKendry stated he understood the Charge, the Rule and confirmed he admitted the breach.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Mr Mulcay played the race video to show Mr McKendry shift his horse away from the pylons at approximately the 750m and into the running line. He said at this juncture, MERLIN (Z Butcher) was improving fast against the pylons. Mr Mulcay pointed to Mr McKendry shift back to the inside, where Mr Butcher had his horse partly positioned, resulting in MERLIN having to be restrained.

Mr McKendry had nothing to add.

DECISION:

The Respondent having admitted the breach, it was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Mulcay said Mr McKendry had a clear record and has admitted the breach at the earliest opportunity. He said the Stewards view this breach at mid-range, as it impacted MERLIN’S position at a critical stage of the race.

Mr McKendry made no submissions on penalty, but asked to start any proposed suspension immediately.

REASONS FOR PENALTY:

The Penalty Guidelines provide for a first breach of this Rule, a $500 fine or a 2 day suspension. Mr McKendry advised he would prefer a suspension over a fine.

The Adjudicative Committee agrees this is a mid-range breach and can find no aggravating or mitigating factors convincing enough, to depart from the Guidelines on this occasion, and considers a 2 day suspension appropriate.

CONCLUSION:

Open Driver Mr Maurice McKendry’s Licence to drive in races is suspended from the conclusion of racing tonight, up to and including racing on 27 September 2024.