Riccarton Park – Canterbury JC 11 September 2024 – R1 – Akshay Balloo

Evidence:

Following the running of Race 1, the Respondent Class A Rider Akshay Balloo admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of CALLMEGINGER “he allowed his mount to shift inwards when not sufficiently clear of DIVINE STORY which was checked approaching the 700m.”

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 Mark Davidson, with the assistance of Chief Stipendiary Steward John Oatham, demonstrated the incident and identified the horses and Riders concerned. Mr Oatham pointed out Mr Balloo, riding CALLMEGINGER, racing 3 wide approaching the 700m with DIVINE STORY, ridden by Ashvin Goindasamy, racing 2 wide and behind Mr Balloo. The replays showed Mr Balloo looking to shift in to find cover in front of Mr Goindasamy and eventually when doing so, was not clear of Mr Goindasamy, who had to take evasive action and check. Mr Oatham estimated that Mr Balloo was only 1/2 a length in front of DIVINE STORY, when attempting to shift down. Mr Oatham added that Mr Balloo, once he realised that Mr Goindasamy was on his inside, relieved the pressure.

In response, the Respondent stated that when he was attempting to shift in front of DIVINE STORY, his horse dropped the bridle and eased, just as he was shifting in, which did not help the situation.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Davidson produced the Respondent Mr Balloo’s riding record, which indicated 2 previous breaches under the Careless Riding Rule in the last 12 months, namely – 9 November 2023 – Ashburton (6 day suspension for mid range breach) and 3 December 2023 – Cromwell (6 days – low to mid range).

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be in the low to mid-range and submitted a starting point as per the Penalty Guide of a 6 day starting point.

The Respondent advised of riding engagements through until 14 September 2024 at Riccarton and sought a deferment to any proposed suspension.

In terms of any proposed penalty, the Respondent elected to make no submissions.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee agreed with the Stewards and determined the Respondent Mr Balloo’s carelessness to be in the low to mid range. Accordingly, a 6-day suspension was adopted as the starting point. This conforms with the NZTR Penalty Guide.

The Respondent’s riding record is treated as a neutral factor.  In mitigation, Mr Balloo’s admission of the breach warrants a discount, which the Adjudicative Committee set at 1 day.

After consideration of the above factors, a 5-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 5 national days, commencing after racing on 14 September 2024 and concluding after racing on 22 September 2024.