Auckland TR 18 February 2023 – R8 – Jake Bayliss

Evidence:

Following the running of Race 8, the Respondent Rider Jake Bayliss admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of TEXAS he permitted his mount to shift outwards when insufficiently clear of ROCCIA which was checked passing the 100m. Also hampered as a result was FABULOUS GAL.

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 A Dooley demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward A Dooley said that approaching the 100 metre mark, the Respondent was clear of the trailing runners. He said Mr Bayliss applied the whip and his horse commenced to shift ground, at that point Mr Bayliss applied the whip again and his horse then got into the line of ROCCIA who’s Rider (V Colgan) had to check to avoid heels. He said Mr Bayliss did straighten his mount, but it was too late and when he shifted ground, he was not his own length and another length clear. Mr Dooley said that the horse outside of ROCCIA (FABULOUS GAL) was also hampered.

In response, Mr Bayliss said he rode his horse quietly until the 150-200m mark, as he knew the horse had a tendency to pull up if he got to the front too early. He said he was a victim of an ungenerous horse and the abrupt shift took him by surprise, he straightened as soon as he could and thought he had done everything he could to avoid the interference.

Decision:

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

Submission for Penalty:

Stipendiary Steward produced the Respondent, J Bayliss’ riding record, which indicated no previous breaches under the Careless Riding Rule since returning to New Zealand.

Mr Bayliss has had 134 mounts in the past 12 months.

Stipendiary Steward A Dooley said Stewards assessed the level of carelessness to be in the mid-range.

The Respondent advised of riding engagements through until the 22nd of February, and sought a deferment to any proposed suspension.

In terms of any proposed penalty, the Respondent asked that his good record be considered.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent’s carelessness to be in the mid-range and adopted a 7-day (suspension) as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that the Respondent shifted out when insufficiently clear, resulting in two horses being hampered. The interference did result in a protest from the 3rd placed connections, which was dismissed.

The Respondent’s riding record is treated as a mitigating factor, and a 1-day reduction was applied to the 7-day starting point for his admission of the breach and record.

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

Conclusion:

The Respondent’s request for a deferment is granted and his licence to ride in races is suspended for a period of 6 days, commencing after racing on 22nd of February and concluding after racing on 3rd of March.