Matamata RC 15 February 2024 – R3 – Warren Kennedy

Evidence:

Following the running of Race 3, The Fairview Matamata Slipper (Group 3) , 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 as the Rider of DAYLIGHT ROBBERY, he permitted his mount to shift inwards when not sufficiently clear of AMMIRATI (R Hutchings), who was checked near the 900 metres.

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using the available race films, Chief Stipendiary Steward Mr Oatham demonstrated the incident and identified the horses and Riders concerned. He said that approaching the 900 metre mark, Mr Kennedy shifted his mount inwards across RETURN TO CONQUER (M McNab) from a four wide position and then continued to shift in, placing AMMIRATI into restricted racing room on the rails. Rider Mr Hutchings had to take a strong hold of AMMIRATI and check his mount. At the time of the shift, DAYLIGHT ROBBERY was no more than 3/4 of a length clear of AMMIRATI, who lost ground.

In response, Mr Kennedy said that he accepted the fact that he had shifted in when not sufficiently clear.

Decision:

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

Submissions for Penalty:

Mr Dooley produced Mr Kennedy’s riding record, which indicated two previous breaches from 703 rides in the past 12 months.  The most recent breach occurred at the Auckland TR meeting on 21 September 2024, resulting in a 7 day suspension.

Mr Dooley said Stewards assessed the level of carelessness to be in the mid-range. He added that as the breach occurred in a Group 3 Race with a $150,000 stake, a one day uplift was sought to reflect this.

Mr Kennedy sought a deferment to any proposed suspension, until after racing on 23 February 2025.   He had nothing further to add regarding penalty.

Reasons for Penalty

After reviewing all submissions, the Adjudicative Committee determined that Mr Kennedy’s level of carelessness was in the mid-range, leading to a starting point of a 7-day suspension.

The available footage showed that near the 900-metre mark, DAYLIGHT ROBBERY shifted in when only ¾ of a length clear of AMMIRATI, causing its Rider, Mr Hutchings, to take a strong hold and check his mount. Initially, DAYLIGHT ROBBERY tracked the leader HE WHO DARES across RETURN TO CONQUER, who was racing on its inner. Although the shift was not abrupt, the consequences for AMMIRATI were significant, as it lost considerable ground. This places Mr Kennedy’s culpability in the mid-range.

This is Mr Kennedy’s third breach in 12 months from 703 race rides, which is considered a good record. A one-day reduction is applied to the 7-day starting point for Mr Kennedy’s good record and his admission of the breach. However, this one day is reapplied pursuant to Rule 920, due to the breach occurring in a Group 3 Race.

After considering all the above factors, a 7-day suspension is imposed.

Conclusion:

The Respondent’s request for a deferment is granted and his Licence to ride in races is suspended for a period of 7 days, commencing after racing on 23 February 2025 and concluding after racing on 7 March 2025.