Riccarton Park – Canterbury JC 23 February 2024 – R6 – Akshay Balloo
ID: RIB39310
Animal Name:
HOME SWEET HOME
Code:
Thoroughbred
Race Date:
23/02/2024
Race Club:
Canterbury Jockey Club
Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,
Race Number:
R6
Hearing Date:
23/02/2024
Hearing Location:
Riccarton Park
Outcome: Proved
Penalty: Jockey Akshay Balloo - Suspended 6 days
Evidence
Following the running of Race 6, 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 inside the straight entrance to the 100-metre mark. He pointed out that the strikes were forceful and that the horse was clearly not responding and out of contention. Mr Oatham added that there was only 1 further strike inside the 100m, when Mr Balloo realised that his mount was not responding and not in contention.
In response, by way of explanation, the Respondent Mr Balloo said he had miscounted the number of strikes.
Decision
As the Respondent Mr Balloo admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).
Submissions for Penalty
Mr Oatham produced Mr Balloo’s record which indicated a previous breach within the prior 6 months, being a $250 fine on 30 September 2023.
He said the Penalty Guide provided a 5 day starting point for a second breach of this Rule with 3 additional strikes before the 100m.
Mr Oatham stated that the force used and the fact that the horse was not responding when Mr Balloo was using the whip, could be considered an aggravating factor.
The Respondent made no submissions in regard to penalty apart from requesting a deferment of suspension until after racing on 2 March 2024 at Wingatui.
Reasons for Penalty
The Penalty Guide starting point for a 2nd breach of this Rule where there are 3 additional strikes before the 100m, is a 5 day suspension, mitigation inclusive.
There are aggravating factors to consider, being the fact that Mr Balloo’s mount was out of contention and not responding, which warranted an uplift in penalty. That uplift was set at 1 day.
Therefore, a 6 day suspension was deemed an appropriate penalty in this case.
Conclusion
The Respondent Mr Balloo is granted a deferment until after racing on 2 March 2024. His Licence to ride in races is suspended for 6 days from close of racing on 2 March 2024, until close of racing on 10 March 2024.
Decision Date: 23/02/2024
Publish Date: 26/02/2024