Ashburton RC 21 December 2022 – R5 – Akshay Balloo

SUMMARY OF FACTS:

Following the running of Race 5, an Information was filed by Stipendiary Steward, Mr M Davidson, against Mr Akshay Balloo, alleging careless riding, in that he permitted his mount, LOVE FIFTEEN, to shift inwards when not sufficiently clear of, IN AWE, which was checked near the 900 metre mark.

Rule 638(1)(d) reads as follows;

“(1) A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be:

(d) careless”

Mr Balloo had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Balloo also acknowledged that he understood the charge and the Rule it was brought under.

SUBMISSIONS:

Mr Davidson, with the assistance of Mr Oatham, used the race films to show Mr Balloo approaching the 900 metre mark. Mr Oatham said Mr Balloo looked over his shoulder briefly and Ms Williams who was moving on his outside, shifted to allow Mr Balloo more room. Mr Balloo continued to shift inwards and Mr Callaway had to take a hold to avoid the heels of Mr Balloo. Mr Oatham said the side on angle showed that Mr Balloo would not even be his own length clear of Mr Callaway.

Mr Balloo agreed that it was clear there was not enough room. Mr Balloo said that at the time he thought he was clear, but upon viewing the footage, it was clear that he was not. Mr Balloo said he needed to be more careful.

DECISION:

As Mr Balloo had admitted the breach, the charge was found to be proved.

SUBMISSIONS ON PENALTY:

Mr Davidson submitted that Mr Balloo has now had four breaches in the last 12 months and has had 82 rides in the last 12 months. Mr Davidson submitted that Mr Balloo’s relevant prior breaches were:

• 9 November 2022 where 5 days was imposed for a low range breach
• 30 October 2022 where 5 days was imposed for a mid to low range breach
• 20 January 2022 where 7 days was imposed for a higher than mid-range breach

Mr Davidson said Mr Balloo’s history under this Rule was an aggravating factor but the Stewards were not seeking an uplift for it.

Mr Davidson submitted this was a mid-range breach. In reference to the Penalty Guide, Mr Davidson submitted that a starting point of a seven day suspension was appropriate. Mr Davidson stated that Mr Balloo should receive credit for his admission of the breach.

Mr Balloo accepted he was in the wrong but thought he had checked to see there was adequate room. Mr Balloo requested a deferment of penalty until after 30 December at Kurow, where he had riding commitments.

REASON FOR PENALTY:

It is agreed that this breach is mid-range as Mr Balloo has shifted in sharply, which has meant that Mr Callaway has had to take a severe hold of his mount to avoid Mr Balloo’s heels, accordingly the starting point adopted is a 7 day suspension.

While Mr Balloo has three prior breaches, one breach is some 11 months prior; accordingly, an uplift is not considered appropriate in this instance. The proposed penalty is such that it meets the punitive needs in this case, without the need to increase the starting point simply to account for the presence of his prior breaches.  However, a reminder was given to Mr Balloo to take a higher level of care, which he agreed he needed to do.

A discount of 1 day is appropriate to reflect his frank admission of the breach.

A 6 day suspension is the appropriate penalty in this case.

Mr Balloo’s application for a deferment of penalty until after racing at Kurow on 30 December, was granted.

CONCLUSION:

Rider Mr Akshay Balloo is suspended for 6 days from the end of racing on 30 December 2022, up to and including 5 January 2023.