Waikato RC 4 March 2023 – R8 – Warren Kennedy

Evidence:

Following the running of Race 8, the Respondent 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 MARK TWAIN, he angled his mount outwards when not sufficiently clear of ROCKBURN, which was checked along with DEVILDOM, passing the 400m.

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 B Jones demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward B Jones said that approaching the corner, Mr Kennedy angled his mount out abruptly and hampered both ROCKBURN and DEVILDOM when only a bare length clear.

In response, Mr Kennedy stated that he could see it was getting tight in front of him and was anticipating getting some backwash. He said his horse was travelling well and he angled outwards looking for a clear run. Mr Kennedy conceded that while he wasn’t clear of ROCKBURN, he was clear of DEVILDOM and that his mount over-reacted when being angled out.

Decision:

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

Submission for Penalty:

Chief Stipendiary Steward Mr Oatham produced Mr Kennedy’s riding record, which indicated 1 previous breach under the Careless Riding Rule in the last 12 months from 265 rides, and submitted that this was a good record. Mr Oatham said Stewards assessed the level of carelessness to be in the low–range, however the breach did occur in the Group 1 NZ Derby and Mr Kennedy’s mount finished 4th with his percentage of the stake money being $2000.

The Respondent advised of riding engagements through until 11th of March and sought a deferment to any proposed suspension.

In terms of any proposed penalty, the Respondent submitted that he would like the Adjudicative Committee to consider that the horse he inconvenienced was going no-where, and he didn’t affect anyone’s chances within the race.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined Mr Kennedy’s carelessness to be in the low range and adopted a 5-day (suspension) as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that the Respondent did angle his mount outwards when not the required distance clear of ROCKBURN, who’s Rider had to take a hold of his mount for a stride or two.

The Respondent’s riding record is treated as a mitigating factor, and a 1-day reduction was applied to the 5 day starting point for his admission of the breach and record.

Rule 920(2) empowers an Adjudicative Committee in imposing a penalty, to have due regard to such matters as it considers appropriate including: (a) the Status of the Race; (b) the stake payable in respect of the Race; and / or (c) the consequences.  On this occasion, due to the status of the race, the Adjudicative Committee applied a 3 day uplift and a $500 fine to the starting point.

Conclusion:

The Respondent’s request for a deferment is granted and  his licence to ride in races is suspended for a period of 7 days, commencing after racing on 11/3/22 and concluding after racing on 24/3/22. In addition, a fine of $500 is imposed.