Waikato RC 4 March 2023 – R4 – Jake Bayliss

Evidence

Following the running of Race 4, the Respondent J Bayliss admitted a charge alleging use of whip in 2 consecutive strides on 2 occasions over the concluding stages.

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

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the available race films, Stipendiary Steward J Oatham demonstrated that the Respondent struck his mount 2 times consecutively, twice over the concluding stages of the race.

In response, by way of explanation Mr Bayliss said he had a brain explosion, and hadn’t been in such a close finish since he has been back riding in New Zealand.

Decision

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Oatham produced the Respondent’s record which indicated that this was his 5th breach under this particular Rule, with 3 breaches occurring on the same day at Taupo in December and a further breach occurring on 18/1/23 at Te Rapa.

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for improper whip use (as of 1 March 2022), however consideration to be given to the fact that Mr Bayliss went on to win the race.

Mr Bayliss acknowledged he had made an error and said he was taking a while to adapt to the Rules.

Pursuant to Rule 1106(2)(b) or Rule 1106(3)(b), the Respondent sought a 7 day deferment to any proposed suspension in order to fulfil pending riding engagements.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is 5 national days.

After considering the film evidence and the submissions and having due regard for the number of consecutive strikes, and the fact that Mr Bayliss went on to win the race, the Adjudicative Committee determined that an uplift in penalty was appropriate and a $500 fine was imposed in addition to the suspension.

The Respondent’s request for a deferment is granted.

Conclusion

The Respondent  is granted a 7-day deferment. His licence to ride in races is suspended for 5 days from close of racing on 11th of March 2023 until close of racing on 20th of March 2023.

In addition, a fine of $500 is imposed.