South Canterbury RC 28 April 2022 – R1 – Akshay Balloo

ID: RIB8731

Respondent(s):
Akshay Balloo - Jockey

Applicant:
Mr John Oatham - Chief Stipendiary Steward

Adjudicators:
Dave Anderson

Information Number:
A14166

Decision Type:
Race Related Charge

Charge:
Striking mount 6 times prior to the 100 metres.

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

Plea:
Admitted

Animal Name:
ARCHERFIELD

Code:
Thoroughbred

Race Date:
28/04/2022

Race Club:
South Canterbury Racing Club

Race Location:
Phar Lap Raceway - State Highway 1, Washdyke, Timaru,

Race Number:
R1

Hearing Date:
28/04/2022

Hearing Location:
Phar Lap Raceway

Outcome: Proved

Penalty: Jockey Akshay Balloo is fined $250

Evidence

Following the running of Race 1, the Respondent Mr Akshay Balloo Rider, 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 Mr Oatham demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.  He pointed out that the strikes were not forceful, and they were well spaced.

In response, by way of explanation, the Respondent Mr Balloo, said he had simply miscounted.

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 the Respondent Mr Balloo’s record, which indicated a breach of the Rule on 21 /12/ 21.

Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

The Respondent Mr Balloo, made no submissions on Penalty.

Reasons For Penalty

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

2nd Offence with one additional strike a fine of $250.

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes, the force used, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis the Respondent is fined $250.

Conclusion

The Respondent Mr Akshay Balloo is fined $250.

Decision Date: 28/04/2022

Publish Date: 02/05/2022