Taranaki RC 24 August 2019 – R 3 – Chair, Mr T Utikere
ID: JCA12656
Code:
Thoroughbred
Meet Title:
Taranaki RC - 24 August 2019
Meet Chair:
TUtikere
Meet Committee Member 1:
NMoffatt
Race Date:
2019/08/24
Race Number:
R3
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Baillie is suspended from the conclusion of racing on Saturday 31 August until the conclusion of racing on Thursday 12 September 2019. In fixing the period of suspension dates, we have had regard to the Te Aroha Meeting on 1 September for Highweight, Jumps and Apprentice riders only.
Facts:
Following the running of Race 3 (ITM NELSON PINE INDUSTRIES 1200), Information A11618 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) and stated that Class A Rider J Baillie: “...used his whip excessively when riding OUR CHLOE prior to the 100 metres”.
Rule 638(3) states: “A rider shall not…(b) strike a horse with a whip in a manner or to an extent which is…(ii) excessive.”
Mr Baillie confirmed that he understood the Rule and that he admitted the breach.
Using the available head-on and side-on films, Mr Brady Jones identified that Mr Baillie (OUR CHLOE) soon after entering the straight had commenced to strike his horse with his hand free of the rein. Given the camera angle, the stipendiary stewards were confident that he had used his whip nine times without the necessary respite.
In response, Mr Baillie said that he needed the mare to keep going in what was testy ground. He identified that the horse was inclined to hang a bit and he did not want to lose his momentum at the time.
Submissions for Penalty:
Mr Darrin Balcombe submitted that the respondent had two previous breaches that had resulted in fines of $300 (Wanganui - 1 June 2019) and $500 (Wanganui - 4 June 2019). He identified that while Mr Baillie had gone on to win the race, the stewards believed that the offence was at the low end given the force of his whip use and the fact that he had a couple of breaks prior to the 100 metres. He submitted a period of suspension as appropriate.
Mr Baillie said that he was simply over-excited and had been trying hard since his return to racing. On this occasion he had been keen and eager and had been trying to count the number of strides, but that during a race everything was happening so quickly. He apologised for the breach and advised of upcoming riding engagements at Hawke’s Bay on 31 August.
Reasons for Penalty:
The Committee considered all of the submissions placed before it. From our assessment of the available films, it is clear that Mr Baillie used his whip on nine occasions prior to the 100 metres, without the necessary reprieve. The JCA Penalty Guide identifies a six to eight National Riding Day suspension for a third breach of this rule; and we are satisfied that this is his third breach within the previous 12 month period. It is clear to us that Mr Baillie has displayed genuine remorse for this breach, and he must make good on his desire to take steps to address his whip use. However, we note that there are new guidelines in place since his return to racing, which may explain why he is finding such a change in habit difficult to remedy. When we consider Mr Baillie’s admission of the breach, we determine that a six day period of suspension is appropriate.
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: 4534dbb38caab7500b2b5ae9c91172c8
informantnumber: A11618
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 24/08/2019
hearing_title: Taranaki RC 24 August 2019 - R 3 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 3 (ITM NELSON PINE INDUSTRIES 1200), Information A11618 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) and stated that Class A Rider J Baillie: “...used his whip excessively when riding OUR CHLOE prior to the 100 metres”.
Rule 638(3) states: “A rider shall not…(b) strike a horse with a whip in a manner or to an extent which is…(ii) excessive.”
Mr Baillie confirmed that he understood the Rule and that he admitted the breach.
Using the available head-on and side-on films, Mr Brady Jones identified that Mr Baillie (OUR CHLOE) soon after entering the straight had commenced to strike his horse with his hand free of the rein. Given the camera angle, the stipendiary stewards were confident that he had used his whip nine times without the necessary respite.
In response, Mr Baillie said that he needed the mare to keep going in what was testy ground. He identified that the horse was inclined to hang a bit and he did not want to lose his momentum at the time.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Darrin Balcombe submitted that the respondent had two previous breaches that had resulted in fines of $300 (Wanganui - 1 June 2019) and $500 (Wanganui - 4 June 2019). He identified that while Mr Baillie had gone on to win the race, the stewards believed that the offence was at the low end given the force of his whip use and the fact that he had a couple of breaks prior to the 100 metres. He submitted a period of suspension as appropriate.
Mr Baillie said that he was simply over-excited and had been trying hard since his return to racing. On this occasion he had been keen and eager and had been trying to count the number of strides, but that during a race everything was happening so quickly. He apologised for the breach and advised of upcoming riding engagements at Hawke’s Bay on 31 August.
reasonsforpenalty:
The Committee considered all of the submissions placed before it. From our assessment of the available films, it is clear that Mr Baillie used his whip on nine occasions prior to the 100 metres, without the necessary reprieve. The JCA Penalty Guide identifies a six to eight National Riding Day suspension for a third breach of this rule; and we are satisfied that this is his third breach within the previous 12 month period. It is clear to us that Mr Baillie has displayed genuine remorse for this breach, and he must make good on his desire to take steps to address his whip use. However, we note that there are new guidelines in place since his return to racing, which may explain why he is finding such a change in habit difficult to remedy. When we consider Mr Baillie’s admission of the breach, we determine that a six day period of suspension is appropriate.
penalty:
Mr Baillie is suspended from the conclusion of racing on Saturday 31 August until the conclusion of racing on Thursday 12 September 2019. In fixing the period of suspension dates, we have had regard to the Te Aroha Meeting on 1 September for Highweight, Jumps and Apprentice riders only.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr D Balcombe - Stipendiary Steward
JockeysandTrainer: Mr J Baillie - Jockey
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 83c9f8b9cc14fcb01902a66bcd2f2ec4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: df5f1b77eadc05d07101f474c964a180
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/08/2019
meet_title: Taranaki RC - 24 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-rc
meet_racingtype: thoroughbred-racing
meet_chair: TUtikere
meet_pm1: NMoffatt
meet_pm2: none
name: Taranaki RC