Waikato RC 11 February 2023 – R6 – Warren Kennedy

ID: RIB15563

Warren Kennedy - Jockey

Mr B Jones - Senior Stipendiary Steward

G Jones and A Smith

Persons Present:
Mr Jones, Mr Dooley, and Mr Kennedy

Information Number:

Decision Type:
Race Related Charge

Excessive Use of Whip

638(3)(g)(i) - Contravention whip rule - Whip use


Animal Name:


Race Date:

Race Club:
Waikato Racing Club

Race Location:
Te Rapa Racecourse - Te Rapa Road, Hamilton, 3200

Race Number:

Hearing Date:

Hearing Location:
Te Rapa Racecourse

Outcome: Proved

Penalty: Jockery Warren Kennedy is fined $560


Following the running of Race 6, the Herbie Dyke Group 1, the Respondent Mr W Kennedy, admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins); or

Using the available race films, Mr Jones demonstrated that the Respondent struck his mount, DEFIBRILLATE, 6 times from the straight entrance to the 100-metre mark.

When asked for comment, Mr Kennedy said that he agreed with the number of strikes and had nothing further to add.


As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Jones produced the Respondent’s record which indicated two previous breaches of the Rule, namely:

19/11/22 at Pukekohe – $400 fine

14/01/23 at Wellington – $500 fine

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

The Respondent’s 50% share of the stake was $562.50.

The Respondent had nothing to add when asked for comment.

Reasons For Penalty

The Penalty Guide starting point for a third breach (1 additional strike) is the greater of a $500 fine or 50% of the Rider’s stake money, should the breach occur in a Black Type Race.

After considering the film evidence, the submissions and having due regard for the number of strikes and the Respondent’s share of stake, the Adjudicative Committee determined that an appropriate penalty is $560.  This fairly represents 50% of Mr Kennedy’s share of stake money.


The Respondent Mr Kennedy is fined $560.

Decision Date: 11/02/2023

Publish Date: 13/02/2023