R Te Aroha 29 March 2025 – R4 – Warren Kennedy

Evidence:

Following the running of Race 4, 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 LIVID SKY, he allowed his mount to shift in when not clear of GIGI (U Holmquist), who had to check off the heels near the 1900 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, Stipendiary Steward Mr Davidson demonstrated the incident and identified the horses and Riders concerned.

He said that approaching the 1900 metre mark, Mr Kennedy shifted his mount inwards when following GIACOMO (J Fawcett) across, who had gone into the lead, from the 2200 metre barrier start.  GIGI was racing in behind and had to be checked off the heels and steadied for about 20 metres.  Mr Davidson added that Mr Kennedy did relieve the pressure, but it was too late.

In response, Mr Kennedy said that he accepted the fact that he had shifted in, but added that he did not hear any yelling from Riders inside or behind him, but did relieve the pressure on GIGI as soon as he was aware that the situation had become tight.

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 three previous breaches from 651 rides in the past 12 months.  The most recent breach occurred in a Group 3 Race at the Matamata RC meeting on 15 February 2025, resulting in a 7 day suspension.  He said Stewards considered his record to be a neutral factor.

Mr Dooley said Stewards assessed the level of carelessness to be in the low-range.

Mr Kennedy sought a deferment to any proposed suspension, until after racing on 5 April 2025.   With regards to penalty, he added that he did not angle in abruptly and that although GIGI was placed in restricted room, it was racing ungenerously.

Reasons for Penalty

After considering all the submissions, the Adjudicative Committee determined that Mr Kennedy’s level of carelessness was in the low range, leading to a starting point of a 5-day suspension. The available footage showed that near the 1900-metre mark, LIVID SKY shifted in when barely its own length clear of GIGI, causing its Rider, Ms Holmquist, to take hold and steady her mount for some considerable distance. The Rule requires a horse to be at least its own length and one other, when crossing another horse.

This is Mr Kennedy’s fourth breach in 12 months from 651 race rides, which is considered a neutral record, as it equates to about one breach every 160 rides. A one-day reduction is applied to the 5-day starting point for Mr Kennedy’s admission of the breach.

After considering all the above factors, a 4-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 4 days, commencing after racing on 5 April 2025 and concluding after racing on 12 April 2025.