Auckland TR 19 November 2022 – R6 – Warren Kennedy

ID: RIB13082

Warren Kennedy - Jockey

Mr J Oatham - Chief Stipendiary Steward

Mr G R Jones and Mr G Hall

Persons Present:
Mr Oatham, Mr Davidson and Mr Kennedy

Information Number:

Decision Type:
Race Related Charge

Excessive Use of Whip

638(3)(g)(i) - Contravention whip rule


Animal Name:


Race Date:

Race Club:
Auckland Thoroughbred Racing

Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120

Race Number:

Hearing Date:

Hearing Location:
Pukekohe RC

Outcome: Proved

Penalty: Jockey Warren Kennedy is fined $400


Following the running of Race 6, Information A15641 was lodged alleging the Respondent, Class A Rider Mr W Kennedy, struck his mount, AQUACADE, seven (7) times prior to the 100-metre mark.

Mr Kennedy confirmed to the Adjudicative Committee that he admitted the breach.

Rule 638(3)(g)(i) provides that a rider must not:

“Strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins)

Using available race film, Stipendiary Steward Mr Davidson identified AQUACADE.  He pointed out that from the straight entrance to the 100-metre mark, Mr Kennedy struck his mount seven times. He said that he used his left hand for the first two strikes; then changed to his right hand and struck his mount a further five times.

Mr Kennedy agreed with the number of strikes and had nothing further to add.


As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty:

Mr Oatham said that the Respondent has only been riding in New Zealand for a short time and so far, has had forty-nine race rides.  He has a clear record, but he won the race, and his share of the $65,000 stake is $1868.  Mr Oatham asked the Adjudicative Committee to take this into account when assessing the penalty.

Mr Kennedy said that he agreed with the Stewards and had “no argument” with their suggested penalty.

Reasons for Penalty:

Current Penalty Guidelines provide for a fine of $250 for a first breach in the circumstances of two additional strikes. In assessing penalty, the Adjudicative Committee considered, firstly that Mr Kennedy’s mount won the race by a narrow margin and secondly, that he received $1800 as his share of the stake.  Accordingly, an uplift was applied to the starting point.


Respondent Mr Kennedy is fined $400.

Decision Date: 19/11/2022

Publish Date: 21/11/2022