Reefton JC 5 January 2022 – R6 – Akshay Balloo

Evidence

Following the running of Race 6 the Respondent, Akshay Balloo admitted a charge alleging use of whip in consecutive strides on two occasions over the concluding stages.

Rule 638(3)(g)(ii) provides that in a Flat Race a Rider must not:

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the available race films Stipendiary Steward, Ms Algar demonstrated that the Respondent struck his mount twice, 2 times consecutively over the concluding stages of the race. Mr Balloo won the race by a margin of a nose.

Mr Balloo stated he was still coming to grips with the Whip Regulations after returning to race riding. He said his horse was responding with every strike and he had clearly got carried away trying to win the race.

Decision

As the Respondent, Mr Balloo admitted the breach the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Ms Algar produced the Respondent’s record which indicated one previous breach on 21 December 2021.

Stewards assessed the breach as high and submitted a penalty commensurate with the NZTR Revised Penalty Guide for improper whip use (as of 1 September 2021).

The Respondent’s 50% share of stakes is $168

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out in the table below but there is no reference to a breach involving two sets of two consecutive strikes.

For breaches of the Whip Rule relating to consecutive strikes:

2 consecutive strikes Warning. – If offence after prior warnings or if subsequent to prior offences, Steward’s discretion to charge on the same basis as 3 consecutive strikes.

3 consecutive strikes 1st offence – greater of a $150 fine or 50% of jockey stake.

2nd offence – greater of a $300 fine or 50% of jockey stake.

3rd offence – greater of a $500 fine or 50% of jockey stake.

After considering the film evidence and the submissions and having due regard for the number of consecutive strikes, as well as the Respondent’s share of the stake ($168), the Adjudicative Committee determined there was a compelling reason to depart from the starting point set out in the Penalty Guide. Mr Balloo has admitted his horse was responding to the whip and had continued to strike it well outside the Regulations. It was the Adjudicative Committee’s opinion that Mr Balloo whip use has almost certainly had a significant influence on the outcome of the Race.

On that basis, the Respondent is fined ($750).

Conclusion

The Respondent is fined $750.