Marton JC 21 June 2024 – R2 – Warren Kennedy

ID: RIB43585

Respondent(s):
Warren Brian Kennedy - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
N Moffatt

Persons Present:
Ms K Jillings - Stipendiary Steward, Mr W Kennedy

Information Number:
A16785

Decision Type:
Race Related Charge

Charge:
Whip above shoulder height

Rule(s):
638(3)(f)(ii) - Contravention whip rule

Plea:
Admitted

Animal Name:
REBAL AGENT

Code:
Thoroughbred

Race Date:
21/06/2024

Race Club:
Marton Jockey Club

Race Location:
Awapuni Racing Centre - 67 Racecourse Road, Awapuni, Palmerston North, 4412

Race Number:
R2

Hearing Date:
21/06/2024

Hearing Location:
Awapuni Racecourse

Outcome: Proved

Penalty: Jockey Warren Kennedy is fined $1,000

BACKGROUND:

Following the running of Race 2, Mr W Kennedy admitted a charge alleging that he used his whip with arm raised above shoulder height in the final straight on his mount REBAL AGENT.

Rule 638(3)(f)(ii) provides:

Without limiting the generality of subrule 638(3), in a Flat Race . . . A Rider must not use his / her whip:

(ii)  using an action that raises the Rider’s arm above shoulder height.

EVIDENCE:

Mr Oatham presented a video replay of the field turning into and running down the home straight. He highlighted the actions of REBAL AGENT, ridden by Mr Kennedy, and demonstrated that Mr Kennedy had struck his mount on two occasions with the whip above shoulder height.

Mr Kennedy agreed with this interpretation, noting his close proximity to Ms Hercock, but admitting that his riding style sometimes caused him to lift his arm too high.

DECISION:

As Mr Kennedy admitted the breach, the Adjudicative Committee finds the charge proved.

SUBMISSIONS ON PENALTY:

Mr Oatham pointed out that Mr Kennedy had three previous charges under the same Rule within the last six months:

  • 2/1/24: $250
  • 14/3/24: $300
  • 17/4/24: $500

He noted that no other Rider had accumulated four breaches and suggested a substantial fine would be appropriate.

Mr Kennedy expressed his preference for a fine over suspension, citing his pursuit of the premiership.

REASONS FOR PENALTY:

The Adjudicative Committee considered the breach to be of a low-end nature. While Mr Kennedy is not a forceful whip Rider, his riding style has led to four breaches within the last six months. Prior to this period, he had been warned but was not a repeat offender. The Adjudicative Committee also took into account his bid for the premiership.

After evaluating all circumstances, the Adjudicative Committee imposed a fine of $1,000.

CONCLUSION:

Mr Kennedy is fined $1,000.

Decision Date: 21/06/2024

Publish Date: 21/06/2024