Auckland TR 11 March 2023 – R6 – Jake Bayliss

Evidence:

Following the running of Race 6, Information A15649 was lodged alleging the Respondent, Class A Rider Mr J Bayliss, struck his mount, FOREVER YOUNG, six times prior to the 100-metre mark.

Mr Bayliss confirmed to the Adjudicative Committee that he admitted the breach.

Rule 638(3)(g)(i) provides that 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)”

Using available film, Chief Stipendiary Steward Mr Oatham pointed out that from the straight entrance to the 100-metre mark, Mr Bayliss struck his mount, FOREVER YOUNG, six times.

In response Mr Bayliss said that he agreed with the number of strikes, but added that he didn’t count one of the strikes (down the shoulder) because his mount was laying in.  The Adjudicative Committee reminded Mr Bayliss that for the purpose of the Rule, every strike counts.

Decision:

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

Submissions for Penalty:

Mr Oatham presented the Respondent’s record which indicated two previous breaches within the 6-month reset period, namely:

26/12/22 at Auckland TR – $250 fine

27/02/23 at Auckland TR – $250 fine

Mr Oatham said that Guidelines provide for a $500 fine, and a penalty in line with the Guidelines was recommended.

Mr Bayliss offered no submissions as to penalty.

Reasons for Penalty:

The Penalty Guidelines provide for a fine of $500 for a third breach (inclusive of a warning) in circumstances of one additional strike. There are no aggravating factors to consider. On that basis, the Adjudicative Committee found no reason to depart from this Guideline.

Conclusion:

The Respondent Mr Bayliss is fined $250.