Auckland TR 11 March 2023 – R9 – Jake Bayliss

Evidence:

Following the running of Race 9, the Group 2 Barfoot and Thompson Auckland Cup, Information No. A18100 was lodged alleging the Respondent, Class A Rider Mr J Bayliss, struck his mount, NERVE NOT VERVE, ten (10) 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 demonstrated that from the straight entrance to the 100-metre mark, Mr Bayliss struck his mount, NERVE NOT VERVE ten times. He said that NERVE NOT VERVE, who was racing one off the fence, finished a close second in the race, a head being the margin between first and second.

In response, Mr Bayliss said that he agreed with the number of strikes.  However, he added that he misjudged the 200 metre mark, thinking it was actually the 100-metre mark. He contended that he rode within the Rule up to the 200 metre mark, and but for mistaking it for the 100 metre mark, he would not have breached the Rule.

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

11/03/23 at Auckland TR – $500 fine

Mr Oatham said that this breach is the Respondent’s fourth breach of the Rule, and the Guidelines provide for a penalty starting point of 5 plus days suspension.  He added that the race was a Group 2, and the Guide also requires that a fine be imposed equal to 50% of Mr Bayliss’ share of the stake money, this being $2300.

The Adjudicative Committee was advised that Mr Bayliss is to commence a suspension after today’s racing and concluding after racing on 20 March 2023.  This is the result of a suspension incurred the previous week.

Mr Bayliss submitted that he was intending to return to Australia to ride at Albury Racing Club meeting, a two-day carnival which includes the ‘Albury Cup’, commencing on 23 March 2023.

Reasons for Penalty:

The Penalty Guidelines provide for a starting point of five plus days for a fourth breach in circumstances of five additional strikes. It also provides that where a breach occurs in a Black-Type race, the starting point will be a fine of 50% of the Jockey’s share of the stake earned by their mount.  This is in addition to any suspension imposed.

In consideration of the evidence, this breach is, in the opinion of the Adjudicative Committee, assessed as being at the extremely high end.  Very few Riders, if any, have shown disregard for the Rule as was demonstrated by Mr Bayliss on this occasion.  He submitted that he misjudged the 200 metre mark for the 100 metre mark.  That is not plausible nor is it credible.  The films clearly show that not only did he strike his mount 10 times, mainly between the 200 and 100 metre marks, but some of the strikes were also particularly forceful.  Further, from the 100 metres he continued to strike his mount several times to the finish, which he is entitled to do.  Mr Bayliss is, or should be aware, of the 100 metre marker, because it is clearly identified on the rail by red paint to the finish.  Mr Bayliss was close to the running rail for the entire run up the straight.  In addition, he had earlier, in race six, breached the same Whip Rule, for which he received a $500 fine, this should have ‘put him on notice’.  Also, his previous three breaches of the Rule occurred on the same racetrack.

The Adjudicative Committee adopted an 8-day suspension as the starting point.  A two-day uplift was applied in consideration of the status of the race (Group 2 with a stake of $500,000).  A further one day uplift was applied because at least three of the ten strikes were particularly forceful.

Taking all matters into account, the Adjudicative Committee deemed an 11-day suspension and $2000 fine be imposed.

Given that Mr Bayliss is due to commence a suspension from 12 March 2023 until close of racing on 20 March 2023, the Adjudicative Committee is not empowered to enable him to defer his suspension so that he can ride at the two-day Albury meeting in Australia commencing 23 March 2023.

Conclusion:

The Respondent’s licence to ride in races is suspended from 21 March 2023 until 10 April 2023 (11 days) and in addition, he is fined $2000 (this being approximately 50% of his share of the stake money).