Ashburton RC 17 December 2020 – R 4 – Chair, Mr S Ching
ID: JCA13139
Code:
Thoroughbred
Meet Title:
Ashburton RC - 17 December 2020
Meet Chair:
SChing
Race Date:
2020/12/17
Race Number:
R4
Decision:
Mr Balloo having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Mr Balloo is suspended from the conclusion of racing today 17 December up to and including 29 December 2020. Of note the meetings at Otaki on 18 December, Te Rapa and Awapuni on 19 December and Gore on 20 December are not included in the suspension as the riders were already declared for those meetings.
Facts:
Following the running of Race 4, the Dave & Jill Quigley/Stackhouse Farming 2200, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class A), Mr A Balloo, alleging that, as the rider of BLUEY’S CHANCE in the race, he used his whip excessively prior to the 100m.
Mr Balloo was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 provides 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
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Balloo riding BLUEY’S CHANCE, positioned as the widest runner and in contention approaching the 200m. He said that Mr Balloo drew the whip and used it on 8 occasions prior the 100m.
Mr Balloo did not dispute the number of strikes and stated that he got carried away as he was in contention.
Submissions for Penalty:
Mr Davidson told the Committee that Mr Balloo’s record showed two prior breaches within the prior 6 months being a $500 fine for 9 strikes at Riccarton on 15 August 2020 and a 6 National Day suspension for 8 strikes at the Ashburton meeting on 29 October 2020. He said that the new JCA Penalty Guide for whip offences provides a starting point of a 2-day suspension and a $2000 fine for a 3rd breach of this rule within a 6-month period. Mr Davidson stated that a $2000 fine was manifestly unjust to Mr Balloo and submitted that a 5-day suspension be considered as penalty. Mr Davidson stated that there were no aggravating factors to consider in this case.
Mr Balloo made representations to the Committee that a suspension would be preferred in lieu of a fine as he was not in a position to pay a large fine. He did not seek a deferment and requested that any suspension begin as soon as possible.
Reasons for Penalty:
In determining penalty, the Committee had regard to the new JCA Penalty Guide for whip offences starting point of a $2000 fine and a 2-day suspension, for a 3rd breach of this rule within a 6-month period. The Stewards and Mr Balloo both submitted that a suspension be considered as penalty in this case as a substantial fine was manifestly unjust, considering Mr Balloo’s circumstances. This Committee agreed and using its discretion, determined that a suspension in lieu of a fine was appropriate. There were no aggravating factors to consider, therefore any uplift in penalty unwarranted. After consideration the Committee determined that an appropriate penalty was a 5 National Day suspension, which aligns with a 4th breach of this rule.
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: 481d464d97da8515418e97dc8a98e5c2
informantnumber: A11962
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 18/12/2020
hearing_title: Ashburton RC 17 December 2020 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Dave & Jill Quigley/Stackhouse Farming 2200, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class A), Mr A Balloo, alleging that, as the rider of BLUEY’S CHANCE in the race, he used his whip excessively prior to the 100m.
Mr Balloo was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 provides 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
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Balloo riding BLUEY’S CHANCE, positioned as the widest runner and in contention approaching the 200m. He said that Mr Balloo drew the whip and used it on 8 occasions prior the 100m.
Mr Balloo did not dispute the number of strikes and stated that he got carried away as he was in contention.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Balloo having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Mr Balloo’s record showed two prior breaches within the prior 6 months being a $500 fine for 9 strikes at Riccarton on 15 August 2020 and a 6 National Day suspension for 8 strikes at the Ashburton meeting on 29 October 2020. He said that the new JCA Penalty Guide for whip offences provides a starting point of a 2-day suspension and a $2000 fine for a 3rd breach of this rule within a 6-month period. Mr Davidson stated that a $2000 fine was manifestly unjust to Mr Balloo and submitted that a 5-day suspension be considered as penalty. Mr Davidson stated that there were no aggravating factors to consider in this case.
Mr Balloo made representations to the Committee that a suspension would be preferred in lieu of a fine as he was not in a position to pay a large fine. He did not seek a deferment and requested that any suspension begin as soon as possible.
reasonsforpenalty:
In determining penalty, the Committee had regard to the new JCA Penalty Guide for whip offences starting point of a $2000 fine and a 2-day suspension, for a 3rd breach of this rule within a 6-month period. The Stewards and Mr Balloo both submitted that a suspension be considered as penalty in this case as a substantial fine was manifestly unjust, considering Mr Balloo’s circumstances. This Committee agreed and using its discretion, determined that a suspension in lieu of a fine was appropriate. There were no aggravating factors to consider, therefore any uplift in penalty unwarranted. After consideration the Committee determined that an appropriate penalty was a 5 National Day suspension, which aligns with a 4th breach of this rule.
penalty:
Accordingly, Mr Balloo is suspended from the conclusion of racing today 17 December up to and including 29 December 2020. Of note the meetings at Otaki on 18 December, Te Rapa and Awapuni on 19 December and Gore on 20 December are not included in the suspension as the riders were already declared for those meetings.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: M Davidson- Stipendiary Steward
JockeysandTrainer: A Balloo-Licensed Jockey (Class A)
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ebf925447ab3514b26c2dc524e12892c
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: cf4253338edbc7293a403641563cd384
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/12/2020
meet_title: Ashburton RC - 17 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton RC