Waikato BOP H 9 January 2025 – R4 – Maurice McKendry

Summary of Facts:

Following the running of Race 4, the Respondent M McKendry admitted a breach of Rule 869 (3)(b); namely that he drove carelessly when allowing his runner to strike the wheel of SHIRLEY BASSEY, which punctured near the 550m.

The Respondent endorsed the Information ‘I do admit the breach of the rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No Driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward S Mulcay identified the horses involved in the incident namely, LINCOLN LA MOOSE, driven by M McKendry and SHIRLEY BASSEY, driven by K Coppins.  He said that LINCOLN LA MOOSE was on the back of SHIRLEY BASSEY in the 3 wide line racing down the back straight. He said as Mr McKendry angled his runner off the sulky of SHIRLEY BASSEY, his drive LINCOLN LA MOOSE “brushed” the wheel of SHIRLEY BASSEY, which resulted in the sulky wheel puncturing, hence the reason for the charge.

Mr McKendry had nothing to add.

Decision:

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

Submissions for Penalty:

Stipendiary Steward S Mulcay produced the Respondent’s record, which indicated no previous breaches within the reset period.

Mr Mulcay submitted a penalty of $300, as indicated in the Penalty Guidelines, would be appropriate.

Mr McKendry had nothing to add on penalty.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of a $300 fine (1st  breach within reset period) for a breach of careless driving when any Driver strikes a wheel.

The Adjudicative Committee identified that while the affected runner did finish back in the field and the punctured wheel would not have aided its chances in finishing in a better position, it was in a 3 wide position with no cover and struggling to improve prior to the incident. In that regard, it was more probable than not, that it would have finished well back in the field and the Adjudicative Committee doesn’t believe its chances of finishing in a better position were materially affected.

Conclusion

Having considered the submissions of the Stewards and Mr McKendry, the Adjudicative Committee determined that an appropriate penalty is a $300 fine.