Archive Decision

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Wanganui JC 4 July 2019 – R 4 – Chair, Mrs N Moffatt

ID: JCA15574

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Mr J Baillie - Jockey

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A11615

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Wanganui JC - 4 July 2019

Meet Chair:
NMoffatt

Meet Committee Member 1:
PWilliams

Race Date:
2019/07/04

Race Number:
R7

Decision:

As Mr Baillie admitted the breach, the charge was deemed proved.

Penalty:

Accordingly, Mr  Baillie is fined the sum of $500.

Facts:

Following Race 4 (NZB Insurance Pearl Series Race Maiden 1200) Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that J Baillie used the whip excessively on his mount YOULLBEFINE prior to the 100 metres.

Mr Oatham used the rear-view video to show where Mr Baillie hit his horse nine times without the required respite before the 100m.

Mr Baillie agreed with the number of strikes as counted by Mr Oatham. He told the Committee that it was “super deep” out on the track and it was hard to count the number of strikes when working hard in such conditions.

Submissions for Penalty:

Mr Balcombe said this was Mr Baillie’s second breach of the rule, the first being on June 13th 2019 at Wanganui. The Stewards placed today’s breach below mid -range with nine strikes broken up by two pauses of 3-4 strides. He submitted that a penalty in line with the Penalty Guide was appropriate.

Mr Baillie said he had just returned to race day riding over the last four months and had had 22 rides before today. He said he was making a mistake in riding too vigourously, in an attempt to get his first win back.

Reasons for Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach                          $300
2nd breach                         $500
3rd or subsequent breach   6-8 national riding days

In determining penalty, the Committee considered all submissions.

Mr Baillie is facing a second breach of the whip rules in a short space of time, after using his stick nine times. While this was clearly over the guidelines, we have taken into account the fact that the strikes were not continuous. We note that he stopped using the whip but erred by not giving the required 5-stride respite. Mr Baillie has returned to race riding after a considerable break and is taking some time to adapt to the changed whip rules. There were no aggravating factors requiring an uplift in 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: b5baabca24bbe4ad9a1a81c075c4cc65


informantnumber: A11615


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 06/07/2019


hearing_title: Wanganui JC 4 July 2019 – R 4 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 4 (NZB Insurance Pearl Series Race Maiden 1200) Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that J Baillie used the whip excessively on his mount YOULLBEFINE prior to the 100 metres.

Mr Oatham used the rear-view video to show where Mr Baillie hit his horse nine times without the required respite before the 100m.

Mr Baillie agreed with the number of strikes as counted by Mr Oatham. He told the Committee that it was “super deep” out on the track and it was hard to count the number of strikes when working hard in such conditions.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Baillie admitted the breach, the charge was deemed proved.


sumissionsforpenalty:

Mr Balcombe said this was Mr Baillie’s second breach of the rule, the first being on June 13th 2019 at Wanganui. The Stewards placed today’s breach below mid -range with nine strikes broken up by two pauses of 3-4 strides. He submitted that a penalty in line with the Penalty Guide was appropriate.

Mr Baillie said he had just returned to race day riding over the last four months and had had 22 rides before today. He said he was making a mistake in riding too vigourously, in an attempt to get his first win back.


reasonsforpenalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach                          $300
2nd breach                         $500
3rd or subsequent breach   6-8 national riding days

In determining penalty, the Committee considered all submissions.

Mr Baillie is facing a second breach of the whip rules in a short space of time, after using his stick nine times. While this was clearly over the guidelines, we have taken into account the fact that the strikes were not continuous. We note that he stopped using the whip but erred by not giving the required 5-stride respite. Mr Baillie has returned to race riding after a considerable break and is taking some time to adapt to the changed whip rules. There were no aggravating factors requiring an uplift in penalty.


penalty:

Accordingly, Mr  Baillie is fined the sum of $500.


hearing_type: Hearing


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


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Mr J Baillie - Jockey


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9461cae992dec81c93130eab43f0b0fa


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6d643468ca054b56637f58a30988a33a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/07/2019


meet_title: Wanganui JC - 4 July 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wanganui-jc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: PWilliams


meet_pm2: none


name: Wanganui JC