Whangarei RC 12 April 2023 – R1 – Warren Kennedy

Evidence

Following the running of Race 1, an Information was filed pursuant to Rule 636(1)(d). The Informant, Mr Dooley, Stipendiary Steward, alleged that Mr Kennedy  failed to ride DAZZLED out to the finish when there was a reasonable chance of finishing into a higher placing.

Mr Kennedy was present, acknowledged that he understood the Rule and confirmed his admission of the breach.

 Rule 636(1) (d) provides:  A person being the rider of a horse in a race must ride his or her horse out to the end of the race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared.

Mr Simpson demonstrated the incident using the available video footage. The videos were shown at normal speed and in slow motion. Mr Simpson identified Mr Kennedy’s mount DAZZLED finishing very strongly down the outside. Mr Simpson said that approximately 2 strides before the finish, Mr Kennedy started to come up in the irons (not riding his mount to the finish line). He said that the horse on the inside (DAME LILIBIC) which finished 3rd, beat DAZZLED by a head. Mr Simpson put forward that Stewards believed the manner in which DAZZLED was finishing, that it should have finished in 3rd position.

Mr Kennedy did not contest any of the submissions put forward by the Stewards.

Mr Kennedy said that his mount was finishing strongly and he thought the first white post on the finishing post signage was the finishing post. He said that when he looked to his inside he thought other Riders were also up in the irons and at no stage did he pull his mount back, he simply stood up in the saddle.

Mr Kennedy said he didn’t have a lot of experience riding at Ruakaka.

Decision

As Mr Kennedy admitted the breach, the Adjudicative Committee find the charge proved.

Submissions For Penalty

Mr Dooley commenced by saying that the Stewards put this breach at the low end  as Mr Kennedy’s failing to ride out to the finish was for only 2 strides. Mr Dooley went on to say that other Senior Riders had been caught out at this particular track due to the position of the winning post.

Mr Dooley said that Stewards accepted that it had been a misjudgment by Mr Kennedy, it was a low end breach and credit should be given for Mr Kennedy’s forthright attitude, admission of the breach and good record. Mr Dooley illustrated on the video that a stride after the finish line, DAZZLED had taken 3rd placing in spite of Mr Kennedy relaxing and the betting public would have a right to feel aggrieved.

Mr Dooley said that a breach for failing to ride out and potentially missing 3rd placing, had a starting point of 3 weeks. He said that there were several mitigating factors that could be considered for Mr Kennedy to receive a discount on the 3 week penalty.

Mr Kennedy requested a 10 day deferment to any proposed penalty.

In relation to any proposed penalty, Mr Kennedy asked if the Adjudicative Committee could consider the fact that the horse was fine (‘nothing wrong with its heart’), that he made a misjudgment in mistaking the white post for the winning post, the fact that many other Riders where high in the irons and that he relaxed and didn’t ease his mount.

Reasons For Penalty

The Adjudicative Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Adjudicative Committees has a sliding scale for breaches of this Rule. The starting point relates to the potential placing deemed to have been lost as a result of the breach. A Rider potentially missing out on 3rd place faces a starting point of a 3 week suspension.

The film evidence showed that Mr Kennedy stood up in the irons just prior to the finish line, and missed 3rd placing by a head. The Adjudicative Committee noted that DAZZLED was finishing the race off very strongly and was only beaten out of 3rd place by a head.  Having regard for these factors, the Adjudicative Committee have formed the view that there was a reasonable chance of filling a better placing, with Mr Kennedy endorsing this by his own admission of the breach.

The Adjudicative Committee adopted the Penalty Guide starting point of a 3 week suspension, which equated to 16 national days.

Having considered the mitigating factors, namely, the low level of the breach, Mr Kennedy’s clear record, admission and having regard for penalties for similar breaches (K Hannan 21/5/22 – 9 days), a 10 day suspension was deemed as appropriate.

Conclusion

Mr Kennedy is suspended from close of racing on the 22nd of April 2023 for a period of 10 National days, with his suspension concluding after racing on the 5th of May 2023.