Auckland TC 24 March 2023 – R7 – Maurice McKendry

Summary of Facts:

Following the running of Race 7, the Group 1 2023 Woodlands Stud Northern Derby 2700m, an Information was filed by the Chief Stipendiary Steward Mr McIntyre alleging the Respondent Mr Maurice McKendry breached Rule 869(6)(b)(c) in that as the Driver of MIKI SHAN he shifted his colt outwards near the 1300 metres and forced TWO EYE SEE (B Mangos) to race wider on the track.

The ‘Push Out Rule’ (r689) provides that:

(6) Subject to sub-rule (4) hereof:

(a) Drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement during any race shall not be forced to race wider on the track; (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all Drivers shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

Mr McKendry was present at the commencement of the hearing.  He admitted the breach and endorsed the Information accordingly. He advised that he has seen the race films and agrees that he breached the Rule.  He did not have any submissions to make as to the circumstances of the breach, or with regards to any proposed penalty.  Mr McKendry was excused from the remainder of the hearing because his horse was fractious in the tie up stalls, and this required his immediate attention.

Chief Stipendiary Steward Mr McIntyre used the available race films to demonstrate the breach.  He identified MIKI SHAN driven by Mr McKendry, racing on the fence near the rear of the field approaching the 1300 metre mark. TWO EYE SEE (B Mangos), was on his outer and in front of that runner was JOLIMONT (D Butcher).  He said that Mr McKendry shifted out onto the back of JOLIMONT and in doing so, he forced TWO EYE SEE wider on the track – in breach of the Push Out Rule.

Decision:

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

Submission For Penalty:

Mr McIntyre said that Mr McKendry has a clear record under the ‘Push Out’ Rule. He said that he is a busy northern based Driver.

Mr McIntyre submitted that Mr McKendry should be given credit for his good driving record and admission of the breach.  He added that there are no aggravating factors associated with the breach.

The Penalty Guide provides for a $400 fine for a breach of the Push Out Rule in a Group or Listed Race. Mr McIntyre submitted that Stewards are seeking a fine of $300 under the circumstances of this breach.

Reasons For Penalty:

The Penalty Guide establishes a $400 fine as the starting point when the Push Out Rule is breached in a Group Race.

After evaluating the evidence and submissions, the Adjudicative Committee determined that the breach had minimal impact on the affected runner, TWO EYE SEE.

Mitigating factors include Mr McKendry’s good record and his admission.

There are no aggravating factors to consider.

In consideration of the above factors, a $300 fine was imposed.

Conclusion:

The Respondent, Mr McKendry, is fined $300.