Riccarton Park – Canterbury JC 10 August 2024 – R9 – Akshay Balloo

ID: RIB45190

Respondent(s):
Akshay Balloo - Jockey

Applicant:
John Oatham - Chief Stipendiary Steward

Adjudicators:
Stewart Ching (Chair), Dave Anderson

Persons Present:
John Oatham - Chief Stipendiary Steward, Akshay Balloo - Class A Rider, Mark Davidson - Stipendiary Steward

Information Number:
A19623

Decision Type:
Race Related Charge

Charge:
Breach of Whip Rule

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
STREET FIGHTIN MAN

Code:
Thoroughbred

Race Date:
10/08/2024

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R9

Hearing Date:
10/08/2024

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Jockey Akshay Balloo is suspended for 6 Days

Evidence

Following the running of Race 9, the Respondent Class A Rider Akshay Balloo admitted a charge alleging excessive whip use prior to the 100 metres.

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

(i) 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); or

Using the available race films, Chief Stipendiary Steward John Oatham, with the assistance of Stipendiary Steward Mark Davidson, demonstrated that the Respondent struck his mount 8 times from near the home turn to the 100-metre mark.

The Respondent stated that he was caught in the moment and excited when he was in 3rd place at that point in the race.

Decision

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

Submissions for Penalty

Mr Oatham produced the Respondent Mr Balloo’s record, which indicated 2 previous breaches being;

-23 February 2024 – Riccarton – 6 day suspension for 8 strikes

-21 July 2024 – Oamaru – 5 day suspension for 8 strikes

Mr Oatham stated the Penalty Guide for excessive whip use for 3 additional strikes, was a 5 plus national day suspension and as this was Mr Balloo’s 3rd breach, an uplift in penalty be considered in this case.

Mr Balloo made no submissions in regard to penalty, apart from requesting a deferment until after the meeting at Oamaru on 16 August 2024.

Reasons for Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

For breaches of the Whip Rule prior to the 100m mark:

3rd offence starting point 5+ national day suspension where there are 3 additional strikes

In determining penalty, this Adjudicative Committee has taken into account Mr Balloo’s penalty record in relation to this Rule and as this was Mr Balloo’s 3rd offence, an uplift in penalty was warranted, which was set at 1 day. Therefore, it was determined that a 6 day suspension was appropriate.

Conclusion

The Respondent Mr Balloo, is granted a deferment until after racing on 16 August 2024. His  Licence to ride in races is suspended for 6 days, from close of racing on 16 August 2024, until close of racing on 28 August 2024.

Decision Date: 10/08/2024

Publish Date: 12/08/2024