Hawke’s Bay RI 14 October 2023 – R1 – Warren Kennedy
ID: RIB28410
Animal Name:
TOWER FLYPASS
Code:
Thoroughbred
Race Date:
14/10/2023
Race Club:
Hawkes Bay Race Club
Race Location:
Hastings Racecourse - 200 Prospect Road, Hastings, 4122
Race Number:
R1
Hearing Date:
14/10/2023
Hearing Location:
Hastings Racecourse
Outcome: Proved
Penalty: Jockey, Warrren Kennedy suspended 8 days
Evidence:
Following the running of Race 1, the Respondent Class A Rider, Mr W Kennedy admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d). The Information alleged that he allowed his mount TOWER FLYPASS to shift out in the home straight checking GRID GIRL (C Grylls) and hampering CANNON HILL (O Bosson) near the finish.
Mr Kennedy acknowledged he understood the Rule and confirmed his admission of the breach.
Rule 638(1) (d) provides:Â A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.
Using the available race films, Stipendiary Steward, Mr Goodwin demonstrated the incident and identified the horses and Riders concerned.
He showed Mr Kennedy riding with vigour and making little effort to straighten his mount when in ran out approximately 3-4 horse widths commencing after the 150 metre mark.
In response, Mr Kennedy stated the horse had hung badly coming around the turn and he had tried to get it back on the rail by shortening up his left-hand rein. After initially moving out gradually the horse changed legs and shifted out further abruptly.
Decision:
As Mr Kennedy admitted the breach, the Adjudicative Committee finds the breach proved.
Submissions for Penalty:
Stipendiary Steward, Mr Oatham produced Mr Kennedy’s riding record which indicated 3 previous breaches under the Careless Riding Rule in the last 12 months, namely:
11/2/23 Waikato 7 day suspension/$750 fine, low/mid range, Group 2
4/3/23 Waikato 7 day suspension/$500 fine low range, Group 1.
5/7/23 Rotorua 6 day suspension, mid range
Mr Kennedy has had 660 mounts in the past 12 months.
Mr Oatham said Stewards assessed the level of carelessness to be in mid range and sought a suspension in line with the Penalty Guidelines.
Reasons for Penalty:
The Adjudicative Committee acknowledges that Mr. Kennedy faced challenges in handling his horse, which was not the easiest to ride. Despite this, he persisted in using the whip for an extended period, even as his horse was drifting outward. We assessed his carelessness as falling within the midrange category, leading us to adopt a 7-day starting point in line with the NZTR Penalty Guide, as of February 2023.
There were mitigating factors to consider, such as Mr. Kennedy’s admission of the breach and his good riding record, given the high number of rides he has had over the last 12 months. As a result, a 1-day discount was applied.
However, a significant aggravating factor was the interference caused to two other horses, namely, GRID GIRL and CANNON HILL, which led to two protests. The outcome of these protests resulted in Mr. Kennedy’s mount, despite finishing first equal, being relegated to 2nd place. This decision not only reduced the prize money to connections but also affected the betting public. Consequently, an uplift of 2 days in the suspension was deemed appropriate.
Considering all of the above factors, an 8-day suspension was imposed.
Conclusion:
Mr Kennedy’s Licence to ride in races is suspended for a period of 8 days commencing after racing on Saturday October 21 and concluding after racing on Saturday November 4 2023.
Decision Date: 14/10/2023
Publish Date: 16/10/2023