Riccarton Park – Canterbury JC 3 September 2022 – R6 – Akshay Balloo

BACKGROUND:

Following the running of Race 6, Christchurch Casino SI Racing Awards 16 September Rating 65, Class A Jockey Akshay Balloo, admitted a charge alleging excessive whip use (12 times) on his mount, EULOGY SHOW, prior to the 100 metres.

Rule 638(3)(g)(i) provides that “in a Flat Race, a Rider must not 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”. 

EVIDENCE:

Chief Stipendiary Steward, John Oatham, pointed out on video replays EULOGY SHOW, ridden by the Respondent, in the lead as the field turned into the home straight. There was an initial strike prior to the 100 metres, Mr Oatham said, followed by a further 11 strikes prior to the 100 metres. The Adjudicative Committee observed that some of the strikes were on the shoulder. Mr Oatham submitted that the 12 strikes were “pretty clear” and the Respondent agreed with that count. Mr Oatham said that the Respondent had finished in 4th placing in the race, having been run down late (1 3/4 lengths, a head and a nose).

The Respondent said that he had misunderstood the Whip Rules in thinking that strikes on the shoulder were not included in the count. It was his mistake, he said.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Chief Stipendiary Steward, Mr Oatham, said that the Respondent had been before the Stewards on a number of occasions regarding whip issues and it would have been explained to him what strikes do count.

The Respondent has been off the scene with injuries in recent times. In the last 6 months, there is one charge on 28 April at Timaru – 6 times prior to the 100 metres (fined $250). In that 6 months period, the Respondent has only had 18 rides, Mr Oatham said. The Respondent has been charged with excessive use breaches on a number of occasions, but his recent record does not reflect that because of his injury layoff.

Mr Oatham said that he could not recall the last occasion on which a Jockey had been charged with 12 strikes. The high number of strikes is a significant aggravating feature. The Respondent had struck his mount constantly from the 400 to the 200 metres, he said.

Mr Oatham referred to the Penalty Guide starting point for 4 or more strikes prior to the 100 metres as 5+ national riding days. Twelve strikes is completely unacceptable and a significant uplift is required, he submitted. Stewards intend to direct the Respondent to meet with a Riders Skills Review Panel under the Rules.

The Respondent said that he didn’t mean to do it but he didn’t know, but should have known, he said. He sought a deferment until after the Wingatui meeting on 9 September where he has accepted a number of rides.

REASONS FOR PENALTY:

This is a serious case of a breach of the Whip Rules. The number of strikes in this case, 12, is a very poor look for the Industry and not acceptable, with the Industry endeavouring to eliminate excessive whip use.

For a second breach involving the use of the whip for “4 or more additional strikes” the Penalty Guide prescribes a starting point of “Suspension 5+ National Days”. The framers of the Penalty Guidelines did not contemplate a breach involving as many as 12 strikes, which is 7 additional strikes. Clearly, an uplift from that starting point is necessary in this case to reflect disapproval of the Respondent’s actions, and to deter him and others.

In arriving at the final penalty (below), the Adjudicative Committee has taken into account that the Respondent is to be directed to meet with a Rider Skills Review Panel appointed by NZTR.

CONCLUSION:

The Respondent’s application for a deferment is granted.

Class A Jockey, Akshay Balloo, is suspended for 10 national riding days commencing on 10 September and concluding on 23 September 2022, both dates inclusive.