Archive Decision

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Hororata RC 27 March 2021 – R 7 – Chair, Mr D Anderson

ID: JCA12792

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr A Balloo - Class A Jockey

Other Person:
Mr M Davidson - Stipendiary Steward, Mr D Wadley - Stipendiary Steward

Information Number:
A14067

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hororata RC - 27 March 2021

Meet Chair:
DAnderson

Meet Committee Member 1:
PKnowles

Race Date:
2021/03/27

Race Number:
R 7

Decision:

As Mr Balloo had admitted the charge, it was deemed to be proved.

Penalty:

Accordingly, Mr Balloo’s licence to ride is suspended from the close of racing on the 5th April up to and including racing on the 10th April 2021. In addition to this suspension Mr Balloo is fined $500.

Facts:

Following the running of Race 7 an Information was filed by Chief Stipendiary Steward Mr J Oatham against Jockey Mr A Balloo, alleging a breach of Rule 638(3)(b) (ii) “Struck his mount STREET FIGHTINMAN excessively prior to the 100 metres”.

Mr Balloo acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(3)(b)(ii) reads 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

Mr Oatham demonstrated the incident using the available video footage. He identified Mr Balloo, racing outside the leader in the home straight, and showed that he struck his mount 8 times prior to the 100 metres.

Mr Balloo stated he thought he was able to finish in a placing, got carried away, and was too excited.

Submissions for Penalty:

Mr Oatham stated Mr Balloo has 2 previous breaches under the Rule for the last 6 months both at Ashburton. The first in October where he incurred a 6-day suspension and in December where he received 5 days.

He said the Penalty Guide indicated a 2-day suspension plus a $2000 fine as a starting point but it was unrealistic for a jockey in Mr Balloo’s position.

Mr Balloo stated he would be unable to manage a fine of that magnitude.

Mr Balloo asked for a deferment of any suspension to enable him to keep his engagements at the upcoming 2-day Riverton meeting.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

This Committee agrees the starting point is unrealistic for a South Island Jockey with limited opportunities. The NZTR Guidelines are designed to provide assistance to Committees but in this instance they do not.

The Committee considered an appropriate and suitable penalty for Mr Balloo is a 4-day suspension and a $500 fine.

Mr Balloo’s request for a 9-day deferment is granted pursuant of Rule 1106(3)(b).

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: 58d80ddca7e2788b4be7a8772caf494e


informantnumber: A14067


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 30/03/2021


hearing_title: Hororata RC 27 March 2021 - R 7 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 7 an Information was filed by Chief Stipendiary Steward Mr J Oatham against Jockey Mr A Balloo, alleging a breach of Rule 638(3)(b) (ii) “Struck his mount STREET FIGHTINMAN excessively prior to the 100 metres”.

Mr Balloo acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(3)(b)(ii) reads 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

Mr Oatham demonstrated the incident using the available video footage. He identified Mr Balloo, racing outside the leader in the home straight, and showed that he struck his mount 8 times prior to the 100 metres.

Mr Balloo stated he thought he was able to finish in a placing, got carried away, and was too excited.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Balloo had admitted the charge, it was deemed to be proved.


sumissionsforpenalty:

Mr Oatham stated Mr Balloo has 2 previous breaches under the Rule for the last 6 months both at Ashburton. The first in October where he incurred a 6-day suspension and in December where he received 5 days.

He said the Penalty Guide indicated a 2-day suspension plus a $2000 fine as a starting point but it was unrealistic for a jockey in Mr Balloo’s position.

Mr Balloo stated he would be unable to manage a fine of that magnitude.

Mr Balloo asked for a deferment of any suspension to enable him to keep his engagements at the upcoming 2-day Riverton meeting.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

This Committee agrees the starting point is unrealistic for a South Island Jockey with limited opportunities. The NZTR Guidelines are designed to provide assistance to Committees but in this instance they do not.

The Committee considered an appropriate and suitable penalty for Mr Balloo is a 4-day suspension and a $500 fine.

Mr Balloo’s request for a 9-day deferment is granted pursuant of Rule 1106(3)(b).


penalty:

Accordingly, Mr Balloo’s licence to ride is suspended from the close of racing on the 5th April up to and including racing on the 10th April 2021. In addition to this suspension Mr Balloo is fined $500.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr A Balloo - Class A Jockey


Otherperson: Mr M Davidson - Stipendiary Steward, Mr D Wadley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: ef4be4cb07cf2fd958467e586e62f4a5


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ce12c8891cd5cf5372e2aec1f476d2e7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/03/2021


meet_title: Hororata RC - 27 March 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hororata-rc


meet_racingtype: thoroughbred-racing


meet_chair: DAnderson


meet_pm1: PKnowles


meet_pm2: none


name: Hororata RC