R Rotorua 17 April 2024 – R9 – Warren Kennedy

ID: RIB41087

Respondent(s):
Warren Brian Kennedy - Jockey

Applicant:
Mr A Dooley - Senior Stipendiary Steward

Adjudicators:
Mr Mike Godber (Chair)

Persons Present:
Mr A Dooley and Ms L Selvakumaran (Stipendiary Stewards), Mr W Kennedy (Jockey)

Information Number:
A19496

Decision Type:
Race Related Charge

Charge:
Breach of the Whip Rule - action raising the whip above shoulder height

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

Plea:
Admitted

Animal Name:
SWEETPEA

Code:
Thoroughbred

Race Date:
17/04/2024

Race Club:
Rotorua Racing Club

Race Location:
Arawa Park Racecourse - 274 - 287 Fenton Street, Glenhome, Rotorua, 3010

Race Number:
R9

Hearing Date:
17/04/2024

Hearing Location:
Rotorua Racecourse (Arawa Park)

Outcome: Proved

Penalty: Jockey Warren Kennedy is fined $500

BACKGROUND:

Following the running of Race 9, Mr W Kennedy admitted a charge alleging that he had struck his mount, SWEETPEA, with the whip using an action that raised his arm above shoulder height.

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 A Dooley showed a video replay of the field as it turned into and ran down the home straight. He pointed out SWEETPEA, ridden by Mr Kennedy. He then demonstrated that Mr Kennedy had struck his mount twice with the whip, above shoulder height and a third time, slightly above shoulder height, which was “borderline”.

Mr Kennedy agreed with the interpretation, noting that he had a tendency to lean forward with his head down, which exacerbated the look of his whip action.

DECISION:

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

SUBMISSIONS ON PENALTY:

Mr Dooley submitted that the starting point for a first charge under this Rule was a fine of $250. Fines for subsequent charges are fact dependent. Mr Kennedy had previous charges under this Rule, on 2 January 2024, with a fine of $250 and on 14 March 2024, with a fine of $300.

Mr Dooley considered that the breach was in the low range and proposed a fine of $500.

Mr Kennedy had no comment to make on the proposed fine.

REASONS FOR PENALTY:

The Adjudicative Committee considered the breach was at the low end. While this is Mr Kennedy’s third breach, he is a very busy Rider with over 590 rides in the eight and a half months of this season.

After considering all the circumstances, the Adjudicative Committee applied a fine of $500.

CONCLUSION:

Mr Kennedy is fined $500.

Decision Date: 17/04/2024

Publish Date: 19/04/2024