Auckland TR 22 February 2023 – R6 – Jake Bayliss

Evidence:

Following the running of Race 6, Information A16233 was lodged alleging the Respondent, Class A Rider Mr J Bayliss, struck his mount, RISING PACIFIC, six (6) 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 race films, Stipendiary Steward Mrs Selvakumaran identified RISING PACIFIC ridden by Mr Bayliss, who was racing wide out on the track challenging for the lead. She pointed out that from the straight entrance to the 100-metre mark, Mr Bayliss struck his mount six times.

Mr Bayliss agreed with the number of strikes.  He said that his mount made a “swooping run” from the back of the field and he miscounted the number of strikes.

Decision:

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

Submissions for Penalty:

Mrs Selvakumaran submitted that Mr Bayliss has breached this Rule (r638(3)(g)(i)) on one previous occasion, namely on 26 December 2022 at Auckland TR, 7 strikes, resulting in a $250 fine.

Mr Bayliss had nothing further to add in terms of penalty.

Reasons for Penalty:

Current Penalty Guidelines provide for a fine of $250 for a second breach in circumstances of one additional strike. It was noted that Mr Bayliss’ mount won the race, but in consideration of the force used, the number and frequency of strikes, it cannot be said that the one additional strike was a factor in the outcome of the race.  Accordingly, on this occasion the Adjudicative Committee determined there are no compelling reasons to deviate from the Penalty Guide and a $250 fine is imposed.

Conclusion:

The Respondent, Mr Bayliss, is fined $250.