Ashburton RC 29 October 2020 – R 1 – Chair, Mr S Ching
ID: JCA12456
Code:
Thoroughbred
Meet Title:
Ashburton RC - 29 October 2020
Meet Chair:
SChing
Race Date:
2020/10/29
Race Number:
R1
Decision:
Mr Balloo having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Balloo is suspended from the conclusion of racing, 29 October up to and including 10 November 2020. Of note this period of suspension does not include the meetings at Pukekohe and Awapuni on 31 October as fields were drawn and riders had been declared for both meetings.
Facts:
Following the running of Race 1, the Thank You Paul Brand Maiden 1400, an Information was filed by Stipendiary Steward, Ms V Algar, against Licensed Jockey (Class A), Mr A Balloo, alleging that, as the rider of OUR ECHO in the race, he used his whip excessively prior to the 100m.
Mr Balloo was present at the hearing of the information and had endorsed the Information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Ms Algar, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Balloo riding OUR ECHO, positioned two wide and in contention approaching the 200m. He said that Mr Balloo drew the whip and used it on 8 occasions, with at least 3 consecutive strikes involved.
Mr Balloo did not dispute the number of strikes and stated that he got carried away as he was in contention.
Submissions for Penalty:
Ms Algar told the Committee that Mr Balloo’s record showed two prior breaches being 12 March 2020 at Ashburton – 6-day suspension for 11 strikes and a $500 fine for 9 strikes at Riccarton on 15 August 2020. He said that the JCA Penalty Guide provides a starting point of a 6-day suspension for a 3rd or subsequent breach of this rule. Ms Algar added that there were no aggravating factors and submitted that a suspension as per the Penalty Guide be considered as penalty.
Mr Balloo elected to make no submissions in regard to penalty apart from requesting that any suspension begin as soon as possible.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6-day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule. The Committee determined that there were no aggravating factors to consider and therefore no uplift warranted. The Committee determined that a 6 National Day suspension was appropriate as penalty.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 5e5e5cdb382112a29d9ba5608fcfb78e
informantnumber: A11971
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excesssive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/10/2020
hearing_title: Ashburton RC 29 October 2020 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the Thank You Paul Brand Maiden 1400, an Information was filed by Stipendiary Steward, Ms V Algar, against Licensed Jockey (Class A), Mr A Balloo, alleging that, as the rider of OUR ECHO in the race, he used his whip excessively prior to the 100m.
Mr Balloo was present at the hearing of the information and had endorsed the Information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Ms Algar, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Balloo riding OUR ECHO, positioned two wide and in contention approaching the 200m. He said that Mr Balloo drew the whip and used it on 8 occasions, with at least 3 consecutive strikes involved.
Mr Balloo did not dispute the number of strikes and stated that he got carried away as he was in contention.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Balloo having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Ms Algar told the Committee that Mr Balloo’s record showed two prior breaches being 12 March 2020 at Ashburton – 6-day suspension for 11 strikes and a $500 fine for 9 strikes at Riccarton on 15 August 2020. He said that the JCA Penalty Guide provides a starting point of a 6-day suspension for a 3rd or subsequent breach of this rule. Ms Algar added that there were no aggravating factors and submitted that a suspension as per the Penalty Guide be considered as penalty.
Mr Balloo elected to make no submissions in regard to penalty apart from requesting that any suspension begin as soon as possible.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6-day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule. The Committee determined that there were no aggravating factors to consider and therefore no uplift warranted. The Committee determined that a 6 National Day suspension was appropriate as penalty.
penalty:
Accordingly, Mr Balloo is suspended from the conclusion of racing, 29 October up to and including 10 November 2020. Of note this period of suspension does not include the meetings at Pukekohe and Awapuni on 31 October as fields were drawn and riders had been declared for both meetings.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: V Algar- Stipendiary Steward
JockeysandTrainer: A Balloo-Licensed Jockey (Class A)
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a9538ea3e7328a109e650d37f0cf0c87
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4331e2760aa7a34333f0528431421fa0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2020
meet_title: Ashburton RC - 29 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton RC