Kumeu TC – 5 February 2010 – Race 9
ID: JCA21768
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 5 February 2010
Race Date:
2010/02/05
Race Number:
Race 9
Decision:
KUMEU TROTTING CLUB
--RACE DAY JUDICIAL COMMITTEE DECISIONS
--ALEXANDRA PARK RACEWAY
--FRIDAY 5TH FEBRUARY 2010
--JCA PANEL Jeff Holloway, Bryan Scott
--RACE 9 INFORMATION NO.68500 RULE NO. 869 (3)(g)
--Following Race 9 an Information was laid by Stipendiary Steward Mr J MUIRHEAD alleging a breach of Rule 869(3)(g) by Horseman M McKENDRY in that he drove CURLYS COUSIN in a manner which diminished its chance of winning when race duelling for the lead from the mile marker to approximately 700 metres to run.
--
KUMEU TROTTING CLUB
--RACE DAY JUDICIAL COMMITTEE DECISIONS
--ALEXANDRA PARK RACEWAY
--FRIDAY 5TH FEBRUARY 2010
--JCA PANEL Jeff Holloway, Bryan Scott
--RACE 9 INFORMATION NO.68500 RULE NO. 869 (3)(g)
--Following Race 9 an Information was laid by Stipendiary Steward Mr J MUIRHEAD alleging a breach of Rule 869(3)(g) by Horseman M McKENDRY in that he drove CURLYS COUSIN in a manner which diminished its chance of winning when race duelling for the lead from the mile marker to approximately 700 metres to run
--Rule 869 (3)(g) reads as follows
--(3) “No horseman in any race shall drive:-
--(g) in any manner capable of diminishing the chances of his horse winning
--Mr McKendry appeared for the Hearing and admitted the Charge which accordingly was found proven.
--Mr McKendry requested that the Committee accept earlier evidence and footage of the race as viewed in the prior hearing of the other participant involved in this breach. As such the Committee agreed and accepted the earlier evidence provided by Stipendiary Stewards Muirhead and Taumanu and associated films.
--In brief Mr McKendry was the driver of Horse 6 Curlys Cousin in Race 9, The Sign Service Group Mobile Pace 2200 metre race at the Kumeu Trotting Clubs meeting held at Alexandra Park on the 5th February 2010.
--From the Mile point Mr McKendry had come up and challenged Miss Chilcott. The two horses had then taken off from the rest of the field by a margin of 60 to 70 metres with Mr McKendry hunting up for the lead and Miss Chilcott resisting.
--The two were racing fairly tightly and as they travelled along the straight Miss Chilcott’s horse struck a pylon.
--Mr McKendry continued pressing for the lead which was being denied him by Miss Chilcott.
--Miss Chilcott told Mr McKendry on two or three occasions through out the duel that she was not going to hand up the lead. With a lap to run Mr McKendry in response said “Okay then I will run you’
--In Mr Muirhead’s opinion one of them or both of them should have discontinued the challenge however the challenge for the lead continued unabated until near the 700 metre mark where both were obviously tiring and were caught up by the following field. Mr McKendry with Curlys Cousin finished a clear last in the ten horse field and had done himself, the horse’s connections and punters a major disservice. He contended that Mr McKendry as the challenger should have desisted from challenging Miss Chilcott after the initial attempt to take the lead and of the two was more excessive in his offending. By pursuing for the lead he had shown extremely poor judgement and in doing so had extinguished his horses chance of winning.
--Following the race an investigation was conducted by the Stipendiary Stewards in which both drivers were spoken to. Miss Chilcott explained that she had told Mr McKendry on 2 or 3 occasions she was going to hold the lead. Mr McKendry then finally replied okay then I will run you. Neither horseman would desist in the duel or relent to the other.
--Mr Taumanu gave expert evidence of his interpretation of the events. He qualified his opinion by recounting his 33 years of experience in the industry.
--He could not think of a worse display of horsemanship by both parties. The betting public the owners and connections had lost what ever chance they may have had by two horsemen who through their unacceptable driving tactics provided a very poor exhibition of harness racing on a Metropolitan track. The duel went on far too long and was totally excessive and was disappointing given the level of experience of the two participants. There was no excuse whatsoever for the excessive duelling displayed despite what racing instructions were given or tactics decided upon. Either horse could have dropped into the trail, the pace would have eased up and both horses would have had a chance of finishing higher in the field with Miss Chilcott finishing 7th and Mr McKendry last.
--PENALTY SUBMISSIONS
--Mr Muirhead in submissions on penalty said that Mr McKendry was a highly experienced driver with an impressive driving record and one of the finest and most respected horsemen in New Zealand.
--There was nothing of note on his driving record for the past 12 months.
--The disappointing feature with this incident is that he had let himself, his punters and his owners down. His offending was more extreme than the other protagonist as he had continued to challenge for the lead with his horse clearly struggling and not in a position to progress its place.
--Mr Muirhead referred the Hearing to an Appeals Tribunal Hearing
--J & N AND HARNESS RACING NZ
--Where two participants were found guilty of speed duelling in a $20,000 stakes race. On Appeal suspension penalties of 3 and 5 weeks were imposed.
--Stewards were seeking a four week suspension and reminded the Committee to take into account the effect on the public regarding the quality of the driving.
--Mr McKendry in response said that his main income was derived from driving so any suspension would affect him quite a lot. He thought the Stipendiary Stewards request for a 4 week suspension penalty was a bit harsh.
--He had a confirmed commitment in Victoria, Australia on the 6th February 2010.
--DECISION AND PENALTY
--Race 9 at the Kumeu Trotting Club Meeting at Alexandra Park on the 5th February 2010 was a 2200 metre Mobile Pace for maidens with a field of ten runners.
--From the barrier and drawn at 5, Miss CHILCOTT driving ANVIL JUSTICE took an early lead followed by Woodlea BB (B Mangos) with Curlys Cousin (M McKendry) out parked.
--Near the mile point Mr McKendry has come up and challenged Miss Chilcott for the lead which she resisted. The two horses have increased their pace and shortly after have put 60 to 70 metres on the following field with both drivers challenging for the lead.
--Neither driver was prepared to hand the lead up and the result was clearly what is described as a speed duel. Both drivers exhibited determination and bloody mindedness and continued in a style of driving that undoubtedly diminished their chances and clearly breached the provisions of Rule 869 (3)(g). Both drivers evidenced by their actions were showing a wilful disregard of this breach.
--Their horses having been driven in such a manner for the majority of the race began to wilt in the later stages and were overtaken by the field near the 600 metre mark with Mr McKendry’s horse Curlys Cousin finishing last in the ten horse field.
--In deciding on an appropriate penalty the Committee took account of all of the circumstances of the breach and into the following in particular.
--Mr McKendry has an outstanding driving record and is highly respected within the industry and had admitted the breach.
--He works in an industry which is constantly under the spotlight where participants’ performance is constantly reviewed and discussed
--This was a flagrant breach of the rules by an experienced driver on a Friday Night Metropolitan meeting with races relayed to Australia.
--The reputation and integrity of the Industry can so easily be eroded by displays which cause the public to question the merits of continued support for participants, such support being essential for the continued viability of the Industry.
--This exhibition did nothing to enhance the industry’s reputation and will obviously be the subject of adverse comment.
--The Committee having viewed the JCA Penalty Guidelines was satisfied that range suggested did not recognise the severity or the flagrant manner in which this rule was breached.
--The Committee accepted that the Appeal Case involving M & N indicated a starting point for major races at or about 4 weeks suspension as did a recent suspension of three weeks for similar offending in a Group 1 race.
--From this point mitigating and aggravating factors could be taken into account in arriving at an appropriate penalty.
--Taking into account all factors the Committee concluded that Mr McKendry’s licence to drive be suspended from after Racing at Victoria on the 6th February 2010 until the conclusion of racing at Alexandra Park on the 2nd March 2010.
--The period of suspension recognised that Mr McKendry was not scheduled to drive at Palmerston North and equates to 6 days suspension of his licence.
--
Jeff Holloway Bryan Scott
CHAIR Committee Member
68500
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: b750e66c7ed73596ed509f33f729a6f8
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 05/02/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 5 February 2010 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
KUMEU TROTTING CLUB
--RACE DAY JUDICIAL COMMITTEE DECISIONS
--ALEXANDRA PARK RACEWAY
--FRIDAY 5TH FEBRUARY 2010
--JCA PANEL Jeff Holloway, Bryan Scott
--RACE 9 INFORMATION NO.68500 RULE NO. 869 (3)(g)
--Following Race 9 an Information was laid by Stipendiary Steward Mr J MUIRHEAD alleging a breach of Rule 869(3)(g) by Horseman M McKENDRY in that he drove CURLYS COUSIN in a manner which diminished its chance of winning when race duelling for the lead from the mile marker to approximately 700 metres to run.
--
KUMEU TROTTING CLUB
--RACE DAY JUDICIAL COMMITTEE DECISIONS
--ALEXANDRA PARK RACEWAY
--FRIDAY 5TH FEBRUARY 2010
--JCA PANEL Jeff Holloway, Bryan Scott
--RACE 9 INFORMATION NO.68500 RULE NO. 869 (3)(g)
--Following Race 9 an Information was laid by Stipendiary Steward Mr J MUIRHEAD alleging a breach of Rule 869(3)(g) by Horseman M McKENDRY in that he drove CURLYS COUSIN in a manner which diminished its chance of winning when race duelling for the lead from the mile marker to approximately 700 metres to run
--Rule 869 (3)(g) reads as follows
--(3) “No horseman in any race shall drive:-
--(g) in any manner capable of diminishing the chances of his horse winning
--Mr McKendry appeared for the Hearing and admitted the Charge which accordingly was found proven.
--Mr McKendry requested that the Committee accept earlier evidence and footage of the race as viewed in the prior hearing of the other participant involved in this breach. As such the Committee agreed and accepted the earlier evidence provided by Stipendiary Stewards Muirhead and Taumanu and associated films.
--In brief Mr McKendry was the driver of Horse 6 Curlys Cousin in Race 9, The Sign Service Group Mobile Pace 2200 metre race at the Kumeu Trotting Clubs meeting held at Alexandra Park on the 5th February 2010.
--From the Mile point Mr McKendry had come up and challenged Miss Chilcott. The two horses had then taken off from the rest of the field by a margin of 60 to 70 metres with Mr McKendry hunting up for the lead and Miss Chilcott resisting.
--The two were racing fairly tightly and as they travelled along the straight Miss Chilcott’s horse struck a pylon.
--Mr McKendry continued pressing for the lead which was being denied him by Miss Chilcott.
--Miss Chilcott told Mr McKendry on two or three occasions through out the duel that she was not going to hand up the lead. With a lap to run Mr McKendry in response said “Okay then I will run you’
--In Mr Muirhead’s opinion one of them or both of them should have discontinued the challenge however the challenge for the lead continued unabated until near the 700 metre mark where both were obviously tiring and were caught up by the following field. Mr McKendry with Curlys Cousin finished a clear last in the ten horse field and had done himself, the horse’s connections and punters a major disservice. He contended that Mr McKendry as the challenger should have desisted from challenging Miss Chilcott after the initial attempt to take the lead and of the two was more excessive in his offending. By pursuing for the lead he had shown extremely poor judgement and in doing so had extinguished his horses chance of winning.
--Following the race an investigation was conducted by the Stipendiary Stewards in which both drivers were spoken to. Miss Chilcott explained that she had told Mr McKendry on 2 or 3 occasions she was going to hold the lead. Mr McKendry then finally replied okay then I will run you. Neither horseman would desist in the duel or relent to the other.
--Mr Taumanu gave expert evidence of his interpretation of the events. He qualified his opinion by recounting his 33 years of experience in the industry.
--He could not think of a worse display of horsemanship by both parties. The betting public the owners and connections had lost what ever chance they may have had by two horsemen who through their unacceptable driving tactics provided a very poor exhibition of harness racing on a Metropolitan track. The duel went on far too long and was totally excessive and was disappointing given the level of experience of the two participants. There was no excuse whatsoever for the excessive duelling displayed despite what racing instructions were given or tactics decided upon. Either horse could have dropped into the trail, the pace would have eased up and both horses would have had a chance of finishing higher in the field with Miss Chilcott finishing 7th and Mr McKendry last.
--PENALTY SUBMISSIONS
--Mr Muirhead in submissions on penalty said that Mr McKendry was a highly experienced driver with an impressive driving record and one of the finest and most respected horsemen in New Zealand.
--There was nothing of note on his driving record for the past 12 months.
--The disappointing feature with this incident is that he had let himself, his punters and his owners down. His offending was more extreme than the other protagonist as he had continued to challenge for the lead with his horse clearly struggling and not in a position to progress its place.
--Mr Muirhead referred the Hearing to an Appeals Tribunal Hearing
--J & N AND HARNESS RACING NZ
--Where two participants were found guilty of speed duelling in a $20,000 stakes race. On Appeal suspension penalties of 3 and 5 weeks were imposed.
--Stewards were seeking a four week suspension and reminded the Committee to take into account the effect on the public regarding the quality of the driving.
--Mr McKendry in response said that his main income was derived from driving so any suspension would affect him quite a lot. He thought the Stipendiary Stewards request for a 4 week suspension penalty was a bit harsh.
--He had a confirmed commitment in Victoria, Australia on the 6th February 2010.
--DECISION AND PENALTY
--Race 9 at the Kumeu Trotting Club Meeting at Alexandra Park on the 5th February 2010 was a 2200 metre Mobile Pace for maidens with a field of ten runners.
--From the barrier and drawn at 5, Miss CHILCOTT driving ANVIL JUSTICE took an early lead followed by Woodlea BB (B Mangos) with Curlys Cousin (M McKendry) out parked.
--Near the mile point Mr McKendry has come up and challenged Miss Chilcott for the lead which she resisted. The two horses have increased their pace and shortly after have put 60 to 70 metres on the following field with both drivers challenging for the lead.
--Neither driver was prepared to hand the lead up and the result was clearly what is described as a speed duel. Both drivers exhibited determination and bloody mindedness and continued in a style of driving that undoubtedly diminished their chances and clearly breached the provisions of Rule 869 (3)(g). Both drivers evidenced by their actions were showing a wilful disregard of this breach.
--Their horses having been driven in such a manner for the majority of the race began to wilt in the later stages and were overtaken by the field near the 600 metre mark with Mr McKendry’s horse Curlys Cousin finishing last in the ten horse field.
--In deciding on an appropriate penalty the Committee took account of all of the circumstances of the breach and into the following in particular.
--Mr McKendry has an outstanding driving record and is highly respected within the industry and had admitted the breach.
--He works in an industry which is constantly under the spotlight where participants’ performance is constantly reviewed and discussed
--This was a flagrant breach of the rules by an experienced driver on a Friday Night Metropolitan meeting with races relayed to Australia.
--The reputation and integrity of the Industry can so easily be eroded by displays which cause the public to question the merits of continued support for participants, such support being essential for the continued viability of the Industry.
--This exhibition did nothing to enhance the industry’s reputation and will obviously be the subject of adverse comment.
--The Committee having viewed the JCA Penalty Guidelines was satisfied that range suggested did not recognise the severity or the flagrant manner in which this rule was breached.
--The Committee accepted that the Appeal Case involving M & N indicated a starting point for major races at or about 4 weeks suspension as did a recent suspension of three weeks for similar offending in a Group 1 race.
--From this point mitigating and aggravating factors could be taken into account in arriving at an appropriate penalty.
--Taking into account all factors the Committee concluded that Mr McKendry’s licence to drive be suspended from after Racing at Victoria on the 6th February 2010 until the conclusion of racing at Alexandra Park on the 2nd March 2010.
--The period of suspension recognised that Mr McKendry was not scheduled to drive at Palmerston North and equates to 6 days suspension of his licence.
--
Jeff Holloway Bryan Scott
CHAIR Committee Member
68500
sumissionsforpenalty:
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hearing_type: Old Hearing
Rules: 869.3.g
Informant:
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