Waikato BOP H 27 January 2022 – R3 – Maurice McKendry

ID: RIB7123

Respondent(s):
Maurice McKendry - Driver

Applicant:
Mr A Dooley - Stipendiary Steward

Adjudicators:
Mr A Godsalve

Persons Present:
Mr McKendry, Mr Dooley

Information Number:
A16271

Decision Type:
Adjudicative Decision

Charge:
Careless Driving

Rule(s):
869(3)(b)

Plea:
Admitted

Animal Name:
DALVEY ROBYN

Code:
Harness

Race Date:
27/01/2022

Race Club:
Waikato BOP Harness Racing Inc

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

Race Number:
R3

Hearing Date:
27/01/2022

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Driver Maurice McKendry suspended from driving for 2 days.

Following Race 3, Driver M McKendry was charged in that he ‘drove carelessly near the 300m when shifting ground outwards which resulted in interference to HEZASHADOWPLAYA (S Abernethy  which broke’.

Mr McKendry was present at the hearing and acknowledged that he understood the Rule and that he admitted the breach.

Rule 869(3)(b) states  “No driver in any race shall drive carelessly”

Mr Dooley identified the horses as they neared the 300m mark. Mr McKendry, driving DALVEY ROBYN was inside and just ahead of HEZASHADOWPLAYA when he angled his drive outwards. At that time HEZASHADOWPLAYA was starting to improve and his front legs made contact with DALVEY ROBYN’S sulky which caused it to go offstride.

Mr McKendry said he heard Mr Abernethy call out as he angled his drive out, however by then it was too late and there was contact between the horses.

Penalty Submissions:

Mr Dooley said that Mr McKendry had a clear record in respect of this Rule, and added that he was a busy Driver. He submitted that a 2 day suspension would be appropriate given his record.

Mr McKendry advised the Adjudicative Committee that he had drives at Auckland on 3 February and was in a position to commence a suspension following that meeting.

Penalty:

The Adjudicative Committee believed that this incident was at the lower end of the scale. Given Mr McKendry’s impeccable record it was felt that a 2 day suspension was appropriate and in accordance with penalties imposed on other Drivers in similar circumstances.

Mr McKendry’s driving licence was therefore suspended from after racing on 3 February until after racing on 6 February 2022 – 2 days.

The meetings involved in this suspension are :

4th February – Stratford

6th February – Hawera

Decision Date: 27/01/2022

Publish Date: 28/01/2022