Riccarton Park – North Canterbury RC 30 September 2023 – R2 – Akshay Balloo

ID: RIB27508

Respondent(s):
Akshay Balloo - Jockey

Applicant:
Mark Davidson - Stipendiary Steward

Adjudicators:
Stewart Ching (Chair) Olivia Jarvis

Persons Present:
Akshay Balloo - Jockey, Mark Davidson - Stipendiary Steward

Information Number:
A21167

Decision Type:
Race Related Charge

Charge:
Breach of whip Rule

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

Plea:
Admitted

Animal Name:
DU'BLUES

Code:
Thoroughbred

Race Date:
30/09/2023

Race Club:
Canterbury Jockey Club

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

Race Number:
R2

Hearing Date:
30/09/2023

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Jockey Akshay Balloo is fined $250

Evidence:

Following the running of Race 2, the Respondent Class A Rider, Akshay Balloo, admitted a charge of excessive use of the whip which was filed pursuant to Rule 638(3)(g)(i).  The Information alleged that as the Rider of DU’BLUES  “he struck his mount seven times prior to the 100m”. 

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach.

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, Stipendiary Steward Mr Davidson demonstrated that the Respondent struck his mount 7 times from the straight entrance to the 100-metre mark.  He pointed out that following the 100m mark, Mr Balloo struck his mount on a further 4 occasions prior to the line. Mr Davidson stated that as Mr Balloo had exceeded the 5 strikes prior to the 100 and exceeded 10 strikes in totality over the race, he was being charged.

Mr Balloo elected to make no submissions in regard to the breach.

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 no previous breaches under the Whip in the last 12 months.

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

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:

1st offence for 2 extra strikes starting point $250 fine. 

The Adjudicative Committee determined there were no aggravating factors to consider, therefore no uplift in penalty warranted.

The Adjudicative Committee also determined that there was no reason to defer from the starting point of a $250 fine.

Conclusion:

Mr Balloo is fined the sum of $250.

Decision Date: 30/09/2023

Publish Date: 02/10/2023