Auckland TC 9 February 2023 – R6 – Maurice McKendry
ID: RIB15620
Animal Name:
MR KAPLAN
Code:
Harness
Race Date:
09/02/2023
Race Club:
Auckland Trotting Club
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R6
Hearing Date:
09/02/2023
Hearing Location:
Cambridge Raceway
Outcome: Proved
Penalty: Driver Maurice McKendry is fined $300
FACTS
Following Race 6, Information A16180 was filed with the Adjudicative Committee.
The charge read that Mr McKendry (driving ‘MR KAPLAN’), shifted inwards near the 400m when insufficiently clear of ‘STACEY MARIE’ (Z Butcher), which was checked, losing ground when forced over marker pegs.
Rule 869(3)(b) provides:
No Driver in any Race shall drive carelessly
Mr McKendry advised the Adjudicative Committee that he understood the Rule and charge and confirmed that he admitted the breach.
Mr Mulcay showed film replays, outlined the race as it progressed towards the 400m.
He said that Mr McKendry was in the 1×1 position and then shifted down onto ‘STACEY MARIE’, who was forced over several marker pegs.
He said that ‘STACEY MARIE’ had improved up inside Mr McKendry.
Mr McKendry did not comment.
At this time of proceedings, Mr Mulcay asked for an adjournment as he wished to discuss a matter with his colleague (Mr Dooley).
An adjournment was granted, with the Adjudicative Committee and Mr McKendry leaving the room.
On resumption of the hearing, Mr Mulcay said that he wished to amend the charge to Rule 869(7A)(c).
Mr Mulcay amended the Information and deleted the words “losing ground” from the initial wording of the charge.
This was a down-grade as the Penalty Guide provides for a lesser penalty than Careless Driving (a $300 fine as opposed to a 3-driving day suspension for a first breach).
Rule 869(7A)(c) states:
Every Driver who moves inwards shall ensure:
(c) that the movement does not cause any other Driver, horse or sulky to contact
any track marker or protrude inside the marker line.
As Mr McKendry then faced a different charge, the Adjudicative Committee gave him the opportunity to defend the charge.
Mr McKendy said that he admitted the breach.
The Adjudicative Committee requested that all films be shown.
It was clear that ‘STACEY MARIE’ lost its rightful position as a result of Mr McKendry shifting his drive inwards.
DECISION
As the breach was admitted, it was deemed proved by the Adjudicative Committee.
PENALTY SUBMISSIONS
Mr Mulcay said that Mr McKendry had a clear record under the Rule and advised that the Penalty Guide starting point was a fine of $300.
Mr McKendry did not comment on the matter of penalty.
REASONS FOR PENALTY
Due to the admission of the breach and clear record, there was not any reason to deviate from the Penalty Guide starting point.
CONCLUSION
Mr M McKendry was fined $300.
Decision Date: 09/02/2023
Publish Date: 13/02/2023