Auckland TC 25 April 2025 – R6 – Maurice McKendry

Following the running of Race 6, Breckon Farms Northern Derby Mobile Trot (Group 1), two Information’s were lodged by Chief Stipendiary Steward, Nigel McIntyre, against Driver, Maurice McKendry, Driver of HILLBILLY in the race. The Information’s alleged as follows:

Information A14619

“that he dove carelessly near the 2300 metres by allowing his gelding to contact and puncture the sulky tyre of ILLICIT LOVE (Crystal Hackett)” and

Information A14620

“that he drove carelessly near the 2250 metres by allowing his gelding to contact and puncture the sulky tyre of FINAL APPROACH (Todd Mitchell)”.

Mr McKendry was present at the hearing of the Information’s and advised that he admitted both charges.

Rule 869 provides as follows:

(3) No driver in any race shall drive:

     (b)  carelessly

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, pointed out on video replays HILLBILLY, driven by Mr McKendry, having drawn barrier position 7 at the 2700 metres mobile start, racing wide and towards the rear of the field. To his inside was ILLICIT LOVE, driven by Crystal Hackett, which had drawn 6. Mr McIntyre pointed out that, as Mr McKendry was easing to get onto the back of Ms Hackett, she could be seen looking down and to her outside and she reported to Stewards that it was at that point, that her sulky wheel had been struck and the tyre punctured. Stewards alleged that this incident took place at the 2300 metres.

Mr McIntyre then went on to show that, shortly after that incident, as Mr McKendry was easing back to find a position in the running line, he just misjudged his shift and struck the wheel of FINAL APPROACH (Todd Mitchell). The incident was visible on the video replay and Mr Mitchell could be seen to look down to see his tyre punctured, Mr McIntyre said.

Mr McKendry said it was “just one of those things”. The horse does kick its legs out, he said.

DECISION:

Both breaches having been admitted, they are deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre advised that Mr McKendry has a previous breach on his record – on 9 January 2025 at Cambridge (62 drives ago) for careless driving striking a wheel, fined $300. The Penalty Guide starting point for penalty for a second careless driving striking a wheel breach in a Group Race is a 5-days suspension. He left it to the Adjudicative Committee to determine penalty for both breaches.

The Adjudicative Committee was told that Mr McKendry drives mainly only in the Auckland-Waikato areas. Upcoming meetings were then looked at. Mr McKendry did not seek a deferment of the commencement of any term of suspension.

REASONS FOR PENALTY:

The Adjudicative Committee notes that the appropriate starting point for a second breach under the RIB Harness Racing Penalty Guide (October 2024) is a 5-days suspension. The penalty for a third breach is “at large” and for the discretion of the Adjudicative Committee, but not usually less than a 5-days suspension.

What happened in this case, two breaches within 50 metres, is most unusual, in fact unique in the Adjudicative Committee’s experience. To view the breaches as being entirely separate and unrelated or as second and third breaches, would result in a harsh result for Mr McKendry.

The Adjudicative Committee is prepared, in the unusual circumstance, to view the two incidents as related or part of the same act of carelessness. It is not unreasonable to find that the “second breach” followed on from the prior breach and was part of the same manoeuvre by Mr McKendry. Neither incident involved a high degree of carelessness on the part of Mr McKendry but, rather, each involved a misjudgement on his part.

Unfortunately for Mr McKendry, the race was a Group 1 Race for a stake of $100,000 and any penalty must reflect that fact. However, the Adjudicative Committee is prepared to consider the totality of the offending. If cumulative penalties were to be imposed, that would result in a total period of suspension wholly out of proportion to the gravity of the overall offending. The Adjudicative Committee needs to ensure that the overall combined penalty is just and proportionate to Mr McKendry’s total offending, rather than just a sum of individual penalties.

Accordingly, the Adjudicative Committee has determined that the appropriate penalty for both breaches, based on the totality principle, is a term of suspension of 8 days.

CONCLUSION:

Open Driver, Mr McKendry, is suspended from after the close of racing on 25 April 2025, up to and including 29 May 2025 – 8 days.