Waikato BOP H 12 April 2024 – R7 – Maurice McKendry

ID: RIB40977

Respondent(s):
Maurice William Mckendry - Driver

Applicant:
Mr Nigel McIntyre - Chief Stipendiary Steward

Adjudicators:
Mr A Smith (Chair), Mr M Godber

Persons Present:
Mr S Mulcay, Mr S Renault

Information Number:
A19430

Decision Type:
Race Related Charge

Charge:
Breach of the Pushout Rule

Rule(s):
869(4) - Riding/driving infringement, 869(6)(b)(c) - Riding/driving infringement

Plea:
Admitted

Animal Name:
CON GRAZIA LOVE

Code:
Harness

Race Date:
12/04/2024

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R7

Hearing Date:
12/04/2024

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver Maurice McKendry is fined $200

Summary of Facts:

Following the running of Race 7, an Information was filed by the Chief Stipendiary Steward Nigel McIntyre, alleging the Respondent Maurice McKendry breached Rule 869(4)(6)(b)(c) in that Mr McKendry moved ground outwards and forced T Herlihy (LUBY LILL) wider on the track near the 2300m.

The ‘Pushout Rule’ (r689) provides that:

(6) Subject to sub-rule (4) hereof:

(a) Drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position; (b) a horse making a forward movement during any race shall not be forced to race wider on the track; (c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

(7) Sub-rule (6)(b) and (c) of this Rule shall apply until 1000 metres from the finish of the race. From this point all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field.

The Respondent admitted the breach and endorsed the Information accordingly.

At the commencement of the hearing, the Stewards indicated that Mr McKendry had left the Racecourse. He advised the Adjudicative Committee via the Stewards, that he was happy for the hearing to proceed in his absence.

Chief Stipendiary Steward Mr McIntyre used the available race films to demonstrate the breach.  He said that approaching the 2300m, Mr McKendry was racing in a midfield position on the running line, with T Herlihy and LUBY LILL to his outer. At this point, Mr McKendry shifted from the running line to a one-off position, forcing LUBY LILL over extra ground.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Senior Stipendiary Steward S Mulcay produced the Respondent’s record, which was clear.

Mr McIntyre submitted that Stewards would be seeking a fine in line with the Guidelines.

Reasons for Penalty:

The Penalty Guide establishes a $200 fine as a starting point for a breach of this Rule.

The Adjudicative Committee saw no reason to deviate from the Guidelines and imposed a fine of $200.

Conclusion:

The Respondent is fined $200.

Decision Date: 12/04/2024

Publish Date: 15/04/2024