Matamata RC 29 August 2018 – R 4 – Chair, Mr A Dooley
ID: JCA13854
Code:
Thoroughbred
Meet Title:
Matamata RC - 29 August 2018
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2018/08/29
Race Number:
R4
Decision:
As Mr Bayliss admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Bayliss had his license to ride in races suspended for a period to commence after racing on 5 September and conclude after racing on 13 September 2018.
Facts:
Following the running of race 4, Waharoa Transport Co (1995) Ltd 1400, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Mr Bayliss used his whip excessively when riding IVETTE prior to the 100 metres.
Mr Bayliss said that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Jones demonstrated the incident using the available video footage. He identified Mr Bayliss and showed that he struck his mount on 9 or 10 occasions prior to the 100 metres. He said Mr Bayliss gave his mount some respite but not for the minimum 5 strides.
Mr Bayliss said that today was his first day back riding in New Zealand for 4 months. He said the Rules in Australia are different to New Zealand and he misjudged his number of strikes.
Submissions for Penalty:
Mr Coles said that Mr Bayliss had 2 previous breaches of this Rule in the last 12 months.
6/12/2017 - $300 fine
10/2/2018 - $700 fine
Mr Coles referred to the JCA Penalty Guide which recommends that a 3rd breach of this Rule has a starting point of 6 to 8 days suspension.
Mr Bayliss said that it was 6 months since his last breach and in Australia his record would be classified as very good. He said that he completely forgot that in New Zealand a breach of this Rule does not reset for 12 months. He submitted that he should be given the benefit of doubt on this occasion and a warning would be an appropriate penalty.
The Committee advised Mr Bayliss that his record would necessitate that a suspension would be the appropriate penalty for this breach.
Mr Bayliss was granted an adjournment and given the opportunity to confirm his upcoming engagements in the next 7 days. After speaking to Trainer, Ms Gerard, Mr Bayliss advised the Committee that any proposed suspension could start after racing at Counties on 5 September.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide pertaining to excessive whip use came into effect on 1st November 2017.
The Committee notes that Mr Bayliss was advised of the consequences of a 3rd breach of this Rule when he incurred a penalty on 10/2/2018.
The JCA Penalty Guide starting point for a 3rd or subsequent breach of this Rule is 6-8 national riding day suspension.
The Committee adopted 6 national riding days as the starting point in this case.
There were no aggravating factors that required an uplift in penalty.
The mitigating factors were Mr Bayliss admission of the breach and the culpability was low range.
It is important to note the expectation for this Rule is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
The Committee had no evidence placed before it to deviate away from the recommended starting point of 6 days.
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: 7791c02f43d04751aab4bb4315634b99
informantnumber: A10145
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/08/2018
hearing_title: Matamata RC 29 August 2018 - R 4 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 4, Waharoa Transport Co (1995) Ltd 1400, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Coles, alleged that Mr Bayliss used his whip excessively when riding IVETTE prior to the 100 metres.
Mr Bayliss said that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Jones demonstrated the incident using the available video footage. He identified Mr Bayliss and showed that he struck his mount on 9 or 10 occasions prior to the 100 metres. He said Mr Bayliss gave his mount some respite but not for the minimum 5 strides.
Mr Bayliss said that today was his first day back riding in New Zealand for 4 months. He said the Rules in Australia are different to New Zealand and he misjudged his number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bayliss admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Coles said that Mr Bayliss had 2 previous breaches of this Rule in the last 12 months.
6/12/2017 - $300 fine
10/2/2018 - $700 fine
Mr Coles referred to the JCA Penalty Guide which recommends that a 3rd breach of this Rule has a starting point of 6 to 8 days suspension.
Mr Bayliss said that it was 6 months since his last breach and in Australia his record would be classified as very good. He said that he completely forgot that in New Zealand a breach of this Rule does not reset for 12 months. He submitted that he should be given the benefit of doubt on this occasion and a warning would be an appropriate penalty.
The Committee advised Mr Bayliss that his record would necessitate that a suspension would be the appropriate penalty for this breach.
Mr Bayliss was granted an adjournment and given the opportunity to confirm his upcoming engagements in the next 7 days. After speaking to Trainer, Ms Gerard, Mr Bayliss advised the Committee that any proposed suspension could start after racing at Counties on 5 September.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
New whip guidelines were introduced on 1st August 2017 and an updated JCA Penalty Guide pertaining to excessive whip use came into effect on 1st November 2017.
The Committee notes that Mr Bayliss was advised of the consequences of a 3rd breach of this Rule when he incurred a penalty on 10/2/2018.
The JCA Penalty Guide starting point for a 3rd or subsequent breach of this Rule is 6-8 national riding day suspension.
The Committee adopted 6 national riding days as the starting point in this case.
There were no aggravating factors that required an uplift in penalty.
The mitigating factors were Mr Bayliss admission of the breach and the culpability was low range.
It is important to note the expectation for this Rule is that any mitigating matters unless exceptional are not to be addressed. For that reason, no reduction in penalty was applied.
The Committee had no evidence placed before it to deviate away from the recommended starting point of 6 days.
penalty:
Accordingly, Mr Bayliss had his license to ride in races suspended for a period to commence after racing on 5 September and conclude after racing on 13 September 2018.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Mr J Bayliss - Class A Rider
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 2ababf85ac2ecacc55ffad5dd52d348e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fff388383ead6e105b26199c4b328131
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/08/2018
meet_title: Matamata RC - 29 August 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: matamata-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Matamata RC