Ashburton RC 30 October 2022 – R6 – Akshay Balloo

SUMMARY OF FACTS:

Following the running of Race 6, an Information was filed by Stipendiary Steward, Mr M Davidson, against Mr Balloo, alleging careless riding, in that he attempted to improve when there was insufficient room crowding, LOMBARDI, near the 300 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 the field rounding the final bend. He said that in the straight Mr Balloo had no run available to him, Mr Oatham pointed to Mr Mudhoo on, LOMBARDI, who was racing to Mr Balloo’s inside. Mr Oatham said there was a very tight run between Mr Balloo’s mount and LOMBARDI. Mr Oatham submitted that Mr Balloo was not entitled to take that run as it was, if anything, available to LOMBARDI. Mr Balloo attempted to shift into that run when there was insufficient room to do so without causing interference to LOMBARDI. As a result, LOMBARDI was buffeted for several strides onto Mr Johnson’s mount, who was on the inside and as a result, checked. Mr Oatham said Mr Balloo eventually gave up on the ride after causing interference for several strides.

Mr Balloo said he had misjudged it as he did not realise how close he was and had anticipated the gap too early.

REASON FOR DECISION:

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

SUBMISSIONS ON PENALTY:

Mr Davidson submitted that Mr Balloo had a good record with only one prior breach under this Rule, from Riccarton on 20 January 2022 where he was suspended for 7 days for an above mid range breach.

In reference to the Penalty Guide, Mr Davidson submitted that a starting point of a 7 day suspension was appropriate as this was a low to mid range breach. Mr Davidson stated that Mr Balloo’s frank admission of the breach and good record were mitigating factors.

Mr Balloo requested a deferment of penalty until after 9 November 2022 at Riccarton where he had riding commitments.

REASON FOR PENALTY:

It is agreed that this breach is low to mid range given that this occurred over several strides and affected two runners.  Accordingly the starting point adopted is a 6 day suspension. The mitigating factors are Mr Balloo’s admission of the breach and his good record.

Therefore, a 5 day suspension is the appropriate penalty in this case.

Mr Balloo’s application for a deferment of penalty until after racing at Riccarton on 9 November 2022 was granted.

CONCLUSION:

Mr Balloo is suspended for 5 days from the end of racing on 9 November 2022 up to and including 16 November 2022.