Auckland RC 9 December 2017 – R 7 – Chair, Mr A Dooley
ID: JCA15154
Code:
Thoroughbred
Meet Title:
Auckland RC - 9 December 2017
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2017/12/09
Race Number:
R 7
Decision:
As Mr Bayliss admitted the charges, both are found to be proved.
Penalty:
Accordingly, Mr Bayliss had his license to ride in races suspended for a period to commence after racing on 9 December 2017 and will conclude after racing on 23 December 2017 (9 National riding days).
In addition, Mr Bayliss is fined $300 for the celebratory gesture.
Facts:
Following the running of race 7, The Hynds Holdings Limited Bonecrusher Stakes (Group 3), 2 Information’s were filed by the Informant, Senior Stipendiary Steward, Mr Williamson pursuant to Rules 638(1)(d) and 638(2). The first Information alleged that Class A rider, Mr J Bayliss angled his mount SPRING HEAT outwards when not sufficiently clear of MAKTOUM which was hampered and forced to race wider on the track passing the 400 metres. The second Information alleged that Mr Bayliss made a celebratory gesture prior to passing the winning post when riding SPRING HEAT.
The charges were heard together following the last race. At the commencement of the hearing Mr Bayliss confirmed that he understood the nature of the charges and that he did not require the Rules read. He also confirmed both charges were admitted.
The relevant Rules:
Charge (1) - Rule 638(1)(d) provides:
A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Charge (2) - Rule 638(2) provides:
A rider shall not make a celebratory gesture prior to his horse passing the winning post.
Using available video footage Mr Coles demonstrated the incidents. He said nearing the 400 metres MAKTOUM was racing outside and slightly behind SPRING HEAT. Mr Bayliss in looking to secure a run angled his mount out and commenced to ride forward, but there was no clear gap available for him to do so. Mr Bayliss forced a run and dictated MAKTOUM outwards and wider on the track. As a result, there was slight contact between the two horses and MAKTOUM having been forced out 4-horse widths lost momentum. Mr Coles acknowledged that SPRING HEAT was racing greenly, but there was never a run available for Mr Bayliss to take.
With respect to the second charge Mr Coles said that approximately 4 strides prior to the winning post Mr Bayliss made a celebratory gesture by waving his whip above shoulder level. He demonstrated this using the video footage of the concluding stages of the race. Mr Coles added the gesture arose because Mr Bayliss got overly exuberant as he was about to win a ‘black type’ race.
In response to the first charge Mr Bayliss advised the Committee his mount, SPRING HEAT was lightly raced and had never raced right-handed. As a result of this she over raced into the corner approaching the home straight. He said his mount was very green, she over reacted and was erratic.
In relation to the celebratory gesture Mr Bayliss said that he has been chasing success in a group race ever since he started riding. On this occasion he got carried away due to the excitement of winning the (Group 3) race.
Submissions for Penalty:
With regards to the careless riding charge Mr Williamson submitted Mr Bayliss has one previous breach of this rule, namely at Waipa Racing Club on 21 Novembers 2017. He added that Mr Bayliss previously rode in Victoria, Australia and it is difficult to interpret his Australian record. He said that although SPRING HEAT’S racing manners were a factor, there was simply no run available for Mr Bayliss to take and he assessed the level of carelessness at mid-range. He added it was a Group 3 race.
In terms of the celebratory gesture, Mr Williamson advised that a breach of this nature usually attracted a fine of $200, depending the circumstances and in this case leniency may be appropriate.
In his penalty submissions Mr Bayliss emphasised that SPRING HEAT was a difficult horse to ride and he made every effort to straighten his mount up. He said that he did not put the rider of MAKTOUM in danger and he believed his actions were the result of competitive riding.
In relation to the celebratory gesture Mr Bayliss submitted that this was his first success in a group race, he got excited and over reacted.
Mr Bayliss initially advised he had riding engagements pending at meetings over the next 7 days, but later confirmed to the Committee that he had no commitments and any proposed suspension could start immediately.
Reasons for Penalty:
In respect of both charges the Committee carefully considered all the evidence and submissions presented. In relation the careless riding charge the Committee reviewed the video footage in order to assess the level of carelessness and the resultant impacts on any other runner. The rear-on footage of the field entering the home straight was very clear. This confirmed that at the straight entrance on the point of the bend, SPRING HEAT crossed the heels of O’HARA who was racing in front of it. Mr Bayliss allowed his mount to shift out at least 4-horse widths. At best barely, a half gap was presented and Mr Bayliss forced a run pushing MAKTOUM wider on the track. The Committee believes that this went beyond acceptable competitive riding.
In considering all of the evidence the Committee assessed the level of carelessness at mid-range. The Committee also had regard to the status of the race (Group 3); the stakes $70,000 and the consequential impact of the interference to MAKTOUM.
The Penalty Guide for Judicial Committees recommends that the starting point for mid-range carelessness is 8 National riding days.
The mitigating factors were Mr Bayliss’ admission of the breach. For this we afforded Mr Bayliss a 1-day deduction. His riding record was treated as a neutral factor. Due to the status of the race and stakes payable the Committee applied a 2-day uplift. This resulted in the Committee imposing a 9-day suspension.
The starting point for a celebratory gesture is $300. This is Mr Bayliss’ first breach of this rule. The Committee in assessing penalty has taken into account the admission of the breach and the status of the race. The Committee fully appreciates Mr Bayliss would have been overcome with excitement at the prospect of winning his first group race. But our overriding consideration is that safety is paramount as there are high risks in making such a gesture during the concluding stages of a race. The Committee is of the view that they are no compelling reasons to deviate from the starting point and impose a fine of $300.
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: 70b86e6de6894fac63b4e4ff14dc77ed
informantnumber: A10110 and A10111
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding and Celebratory Gesture
plea: admitted
penaltyrequired: 1
decisiondate: 10/12/2017
hearing_title: Auckland RC 9 December 2017 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, The Hynds Holdings Limited Bonecrusher Stakes (Group 3), 2 Information’s were filed by the Informant, Senior Stipendiary Steward, Mr Williamson pursuant to Rules 638(1)(d) and 638(2). The first Information alleged that Class A rider, Mr J Bayliss angled his mount SPRING HEAT outwards when not sufficiently clear of MAKTOUM which was hampered and forced to race wider on the track passing the 400 metres. The second Information alleged that Mr Bayliss made a celebratory gesture prior to passing the winning post when riding SPRING HEAT.
The charges were heard together following the last race. At the commencement of the hearing Mr Bayliss confirmed that he understood the nature of the charges and that he did not require the Rules read. He also confirmed both charges were admitted.
The relevant Rules:
Charge (1) - Rule 638(1)(d) provides:
A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Charge (2) - Rule 638(2) provides:
A rider shall not make a celebratory gesture prior to his horse passing the winning post.
Using available video footage Mr Coles demonstrated the incidents. He said nearing the 400 metres MAKTOUM was racing outside and slightly behind SPRING HEAT. Mr Bayliss in looking to secure a run angled his mount out and commenced to ride forward, but there was no clear gap available for him to do so. Mr Bayliss forced a run and dictated MAKTOUM outwards and wider on the track. As a result, there was slight contact between the two horses and MAKTOUM having been forced out 4-horse widths lost momentum. Mr Coles acknowledged that SPRING HEAT was racing greenly, but there was never a run available for Mr Bayliss to take.
With respect to the second charge Mr Coles said that approximately 4 strides prior to the winning post Mr Bayliss made a celebratory gesture by waving his whip above shoulder level. He demonstrated this using the video footage of the concluding stages of the race. Mr Coles added the gesture arose because Mr Bayliss got overly exuberant as he was about to win a ‘black type’ race.
In response to the first charge Mr Bayliss advised the Committee his mount, SPRING HEAT was lightly raced and had never raced right-handed. As a result of this she over raced into the corner approaching the home straight. He said his mount was very green, she over reacted and was erratic.
In relation to the celebratory gesture Mr Bayliss said that he has been chasing success in a group race ever since he started riding. On this occasion he got carried away due to the excitement of winning the (Group 3) race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bayliss admitted the charges, both are found to be proved.
sumissionsforpenalty:
With regards to the careless riding charge Mr Williamson submitted Mr Bayliss has one previous breach of this rule, namely at Waipa Racing Club on 21 Novembers 2017. He added that Mr Bayliss previously rode in Victoria, Australia and it is difficult to interpret his Australian record. He said that although SPRING HEAT’S racing manners were a factor, there was simply no run available for Mr Bayliss to take and he assessed the level of carelessness at mid-range. He added it was a Group 3 race.
In terms of the celebratory gesture, Mr Williamson advised that a breach of this nature usually attracted a fine of $200, depending the circumstances and in this case leniency may be appropriate.
In his penalty submissions Mr Bayliss emphasised that SPRING HEAT was a difficult horse to ride and he made every effort to straighten his mount up. He said that he did not put the rider of MAKTOUM in danger and he believed his actions were the result of competitive riding.
In relation to the celebratory gesture Mr Bayliss submitted that this was his first success in a group race, he got excited and over reacted.
Mr Bayliss initially advised he had riding engagements pending at meetings over the next 7 days, but later confirmed to the Committee that he had no commitments and any proposed suspension could start immediately.
reasonsforpenalty:
In respect of both charges the Committee carefully considered all the evidence and submissions presented. In relation the careless riding charge the Committee reviewed the video footage in order to assess the level of carelessness and the resultant impacts on any other runner. The rear-on footage of the field entering the home straight was very clear. This confirmed that at the straight entrance on the point of the bend, SPRING HEAT crossed the heels of O’HARA who was racing in front of it. Mr Bayliss allowed his mount to shift out at least 4-horse widths. At best barely, a half gap was presented and Mr Bayliss forced a run pushing MAKTOUM wider on the track. The Committee believes that this went beyond acceptable competitive riding.
In considering all of the evidence the Committee assessed the level of carelessness at mid-range. The Committee also had regard to the status of the race (Group 3); the stakes $70,000 and the consequential impact of the interference to MAKTOUM.
The Penalty Guide for Judicial Committees recommends that the starting point for mid-range carelessness is 8 National riding days.
The mitigating factors were Mr Bayliss’ admission of the breach. For this we afforded Mr Bayliss a 1-day deduction. His riding record was treated as a neutral factor. Due to the status of the race and stakes payable the Committee applied a 2-day uplift. This resulted in the Committee imposing a 9-day suspension.
The starting point for a celebratory gesture is $300. This is Mr Bayliss’ first breach of this rule. The Committee in assessing penalty has taken into account the admission of the breach and the status of the race. The Committee fully appreciates Mr Bayliss would have been overcome with excitement at the prospect of winning his first group race. But our overriding consideration is that safety is paramount as there are high risks in making such a gesture during the concluding stages of a race. The Committee is of the view that they are no compelling reasons to deviate from the starting point and impose a fine of $300.
penalty:
Accordingly, Mr Bayliss had his license to ride in races suspended for a period to commence after racing on 9 December 2017 and will conclude after racing on 23 December 2017 (9 National riding days).
In addition, Mr Bayliss is fined $300 for the celebratory gesture.
hearing_type: Hearing
Rules: 638(1)(d) and 638(2)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr J Bayliss - Class A Rider of SPRING HEAT
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 04d881e3efd37b7f2c8cbf345bda441f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
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meetdate: 09/12/2017
meet_title: Auckland RC - 9 December 2017
meet_expappcomment:
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tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
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name: Auckland RC