R Rotorua 5 July 2023 – R1 – Warren Kennedy

ID: RIB24995

Respondent(s):
Warren Kennedy - Jockey

Applicant:
Mr B Jones - Senior Stipendiary Steward

Adjudicators:
Mr N McCutcheon

Persons Present:
Mr A Dooley – Stipendiary Steward, Mr Kennedy, Ms Fawcett – Rider of ‘CORDYCEPS KING’, Mr Kareem – Rider of ‘GINGEE’

Information Number:
A19774

Decision Type:
Race Related Charge

Charge:
Careless Riding

Rule(s):
638(1)(d) - Riding/driving infringement

Plea:
Not Admitted

Animal Name:
BENEFICENT

Code:
Thoroughbred

Race Date:
05/07/2023

Race Club:
Rotorua Racing Club

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

Race Number:
R1

Hearing Date:
05/07/2023

Hearing Location:
Rotorua

Outcome: Proved

Penalty: Jockey Warren Kennedy, suspended for 6 days

FACTS

Following Race 1, Mr Kennedy denied a charge of careless riding.  The allegation was that near the 1500m, Mr Kennedy permitted his mount to shift inwards when not sufficiently clear of ‘GINGEE’, which was crowded inwards onto ‘CORDYCEPS KING’, which was checked.

Mr Kennedy confirmed that he did not admit the breach and said that he understood the Rule and charge.

As Mr Kennedy denied the charge, he was advised of his rights by the Adjudicative Committee.

Mr Dooley showed film replays and identified the three concerned runners.  He said that between the winning post and the crossing, Mr Kennedy let his mount shift in one horse width when not clear.  This caused ‘GINGEE’ to shift in onto ‘CORDYCEPS KING’, which was crowded near the running rail and was checked.

Mr Kennedy said that Mr Dooley’s interpretation was pretty accurate, except that he was clear when shifting.  He said that he was a length and a tail clear.

Ms Fawcett (RIB witness) and Rider of ‘CORDYCEPS KING’, said that Mubs Kareem came in on her, that she yelled out, but he continued to come in and took her position.  She said that he was about half a length clear when he came in.

In answer to Mr Kennedy, Ms Fawcett said that Mr Kareem was a third to a half length clear and continued coming in and took her position.

In answer to a question from the Adjudicative Committee, Ms Fawcett said that she did not see Mr Kennedy move and that he was always 3-wide.

Mr Kareem (RIB witness), said that Mr Kennedy kept laying in on him and he had to go in.  He said he was ¾ length clear of him and he could not go straight, as he would have clipped heels.

In answer to Mr Kennedy, Mr Kareem said that the inside bend probably had an effect on his horse’s line of running.

SUMMATION

Mr Jones said that Mr Kennedy had not allowed sufficient room and was not two lengths clear when shifting.  He said that regardless of where the rail is, is irrelevant.  The rail dictates the line and they need to allow room.

Mr Kennedy maintained his innocence in saying that he did not cause the interference.  He said that the inside runners misjudged the inside rail and that he was clear.   He also said that horses often cross when not two lengths clear.  He also added that the video coverage was not clear in showing that he had shifted.

REASONS FOR DECISION

The Adjudicative Committee considered all of the evidence including video coverage.  Whilst the video coverage was not head-on, it was of sufficient quality to show that Mr Kennedy had shifted in one horse width when not clear, which resulted in crowding and interference to inside runners, namely ‘GINGEE’ and ‘CORDYCEPS KING’.

Mr Kareem’s evidence supported the allegation that Mr Kennedy was not clear when he shifted in.

DECISION

The charge was found proved.

PENALTY SUBMISSIONS

Mr Jones said that Mr Kennedy had two prior breaches of the Rule in the past twelve months.  He said that during that time, he had had 473 race rides.  He said that it was a good record and placed today’s breach in the mid-range.

Mr Kennedy said that any suspension could start after 15 July 2023.

REASONS FOR PENALTY

Taking into account the record, mid-range carelessness and where the incident occurred (bend), a suspension of 6-riding days was considered appropriate.

CONCLUSION

Mr Kennedy’s Jockeys Licence was suspended from after 15 July, to 27 July 2023 inclusive (6 days).

Decision Date: 05/07/2023

Publish Date: 10/07/2023