Ashburton RC 9 November 2023 – R10 – Akshay Balloo

Evidence:

Following the running of Race 10, the Respondent Class A Rider Akshay Balloo admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of NOTABADPONY “he permitted his mount to shift inwards crowding EPEE BEEL onto MISS SAILOR which was checked near the 800m”. 

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 Mark Davidson, with the assistance of Chief Stipendiary Steward, John Oatham, demonstrated the incident and identified the horses and Riders concerned. Mr Oatham pointed out Mr Balloo, riding NOTABADPONY racing 3 wide with EPEE BEEL, ridden by Kavish Chowdhoory and MISS SAILOR, ridden by Brandon May, racing to the inside of NOTABADPONY approaching the 800m. Mr Oatham then showed Mr Balloo shift ground inwards crowding EPEE BEEL, who in turn was forced in onto MISS SAILOR, who eventually ran out of racing room and had to check. He pointed out on the films, that Mr Balloo went from racing in a 3 wide position, to a 2 wide position.

In response, the Respondent conceded that he had allowed his mount to roll in 1/2 a horse, which caused the interference.  He added he had made a misjudgment.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Davidson stated that Mr Balloo’s record showed 2 previous breaches being: 9 November 2022 – Riccarton (5 days) and 21 December 2022 – Ashburton (6 day suspension).

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be in the mid range and submitted a starting point as per the Penalty Guide, of a 7 day suspension.

In terms of any proposed penalty, the Respondent elected to make no submissions apart from requesting a deferment until after racing at Riccarton on 18 November 2023.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent’s carelessness to be in the mid range and accordingly, adopted a 7-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

There were no aggravating factors to consider, therefore no uplift in penalty warranted. In mitigation, Mr Balloo’s admission of the breach and his relatively good record, warrants a combined discount, which the Adjudicative Committee set at 1 day.

After consideration of the above factors, a 6-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment until after racing on 18 November 2023 at Riccarton is granted and his Licence to ride in races is suspended for a period of 6 national days, commencing after racing on 18 November 2023 and concluding after racing on 29 November 2023.