Canterbury JC 9 November 2022 – R10 – Akshay Balloo

ID: RIB12535

Respondent(s):
Akshay Balloo - Jockey

Applicant:
Mark Davidson, Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair) and Dave Anderson

Information Number:
A21488

Decision Type:
Race Related Charge

Charge:
Using whip more than 6 times prior to the 100 metres

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
Thistle

Code:
Thoroughbred

Race Date:
09/11/2022

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R10

Hearing Date:
09/11/2022

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Jockey, Akshay Balloo, fined $250

BACKGROUND:

Following the running of Race 10, Haase Marshall Drainage Premier, the Respondent Jockey Akshay Balloo, admitted a charge alleging excessive whip use prior to the 100 metres. It was alleged that, as the Rider of THISTLE in the race, he struck his mount with the whip 6 times 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:

Stipendiary Steward, Mark Davidson, showed video replays of the final 400 metres of the race. He pointed out THISTLE, ridden by the Respondent, racing mid-field amongst runners and wide as the field turned into the final straight. Mr Davidson then showed that the Respondent commenced using his whip and, from that point, used it on a total of 6 occasions prior to the finishing line. The alleged count was accepted by the Respondent.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Davidson informed the Adjudicative Committee that the Respondent has one previous breach of Rule 638(3)(g)(i) – using the whip more than 5 times prior to the 100 metres – at Riccarton on 3 September 2022 (12 times, suspended 10 days). This breach is, therefore, his second for penalty purposes. The Penalty Guide provides for a starting point, for a second breach of the Rule, of a $250 fine which is the appropriate penalty, Mr Davidson submitted.

REASONS FOR PENALTY:

This is the Respondent’s 2nd breach within 6 months for using his whip more than 5 times prior to the 100  metres. The NZTR Revised Penalty Guide provides for a penalty of a fine of $250 for a second breach involving 1 additional strike, as in this case. There are no relevant aggravating or mitigating factors. A fine as per the Penalty Guide is the appropriate penalty.

CONCLUSION:

The Respondent Jockey, Akshay Balloo, is fined the sum of $250.

Decision Date: 09/11/2022

Publish Date: 14/11/2022