Archive Decision

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Auckland RC 26 January 2019 – R 2 – Chair, Mr A Dooley

ID: JCA11487

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr J Bayliss - Class A Jockey

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A12128

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 26 January 2019

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2019/01/26

Race Number:
R2

Decision:

As Mr Bayliss admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Mr Bayliss’ suspension pursuant to Rule 1106(2).

Accordingly, Mr Bayliss had his license to ride in races suspended for a period to commence after racing on 28 January and conclude after racing on 8 February 2019.

Facts:

Following the running of race 2, Mongolian Khan Trophy (Group 3), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Bayliss permitted his mount SHE’S A THIEF to shift in near the 900 metres when insufficiently clear of KING LOUIS which was crowded losing ground.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Bayliss said that he understood the Rule and confirmed he admitted the breach.

The Committee notes that this hearing commenced after the last race.

Mr Coles demonstrated the incident using the available video footage. He identified that SHE’S A THIEF was racing in a 3 wide position near the 900 metres. He said at that point Mr Bayliss permitted his mount to shift in when a bare length clear of KING LOUIS which was crowded losing ground.

Mr Bayliss said that he came across from a 3 wide position to “test the waters”. He said that his mount “stepped in” for a stride and he realised that he made a small error. He noted that KING LOUIS was crowded but the horse went on to win the race.

Submissions for Penalty:

Mr Oatham produced Mr Bayliss’ record which showed 2 previous breaches under this Rule in the last 12 months. He said Mr Bayliss’ record was a neutral factor and he described the level of carelessness as low. He acknowledged that the Group 3 status of the race was an aggravating factor. He submitted a low end suspension would be appropriate.

Mr Bayliss advised that he was seeking a deferment so he could ride at Matamata on 3 February. The Committee informed Mr Bayliss that this date fell outside the 7 day deferment. In response Mr Bayliss said he thought he was entitled to a 9 day deferment like in some states of Australia.

The Committee granted Mr Bayliss an adjournment so he could talk to his Agent along with the training partnership of Mr Moroney and Ms Gerard.

Mr Bayliss advised that any proposed suspension could start after racing at Te Teko on 28 January. He added that he had “seen a lot worst things” in the past few weeks where there has been no rider charged. He believed the carelessness was very low end.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

It was clear on the video films that Mr Bayliss permitted his mount to briefly shift in 1 horse width when only 1 length clear of KING LOUIS near the 900 metres. As a result that runner was crowded losing 1 length. The Committee deemed the level of carelessness displayed by Mr Bayliss to be in the very low range.

The JCA Penalty Guide starting point for low range carelessness is 6 days which was adopted.

The aggravating factor was the carelessness occurred in a Group 3 race worth $70 000. It is our opinion that Mr Bayliss’ carelessness was so minor that to impose more than a 1 day uplift would be disproportionate to the offence. The Committee also recognise that KING LOUIS went onto win the race.

The mitigating factors were Mr Bayliss’ admission of the breach and his good record. For these combined factors Mr Bayliss was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 6 national riding 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: 1e2c07c549c2d5b5614aff6188563851


informantnumber: A12128


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 27/01/2019


hearing_title: Auckland RC 26 January 2019 - R 2 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 2, Mongolian Khan Trophy (Group 3), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Bayliss permitted his mount SHE’S A THIEF to shift in near the 900 metres when insufficiently clear of KING LOUIS which was crowded losing ground.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Bayliss said that he understood the Rule and confirmed he admitted the breach.

The Committee notes that this hearing commenced after the last race.

Mr Coles demonstrated the incident using the available video footage. He identified that SHE’S A THIEF was racing in a 3 wide position near the 900 metres. He said at that point Mr Bayliss permitted his mount to shift in when a bare length clear of KING LOUIS which was crowded losing ground.

Mr Bayliss said that he came across from a 3 wide position to “test the waters”. He said that his mount “stepped in” for a stride and he realised that he made a small error. He noted that KING LOUIS was crowded but the horse went on to win the race.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bayliss admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Bayliss’ record which showed 2 previous breaches under this Rule in the last 12 months. He said Mr Bayliss’ record was a neutral factor and he described the level of carelessness as low. He acknowledged that the Group 3 status of the race was an aggravating factor. He submitted a low end suspension would be appropriate.

Mr Bayliss advised that he was seeking a deferment so he could ride at Matamata on 3 February. The Committee informed Mr Bayliss that this date fell outside the 7 day deferment. In response Mr Bayliss said he thought he was entitled to a 9 day deferment like in some states of Australia.

The Committee granted Mr Bayliss an adjournment so he could talk to his Agent along with the training partnership of Mr Moroney and Ms Gerard.

Mr Bayliss advised that any proposed suspension could start after racing at Te Teko on 28 January. He added that he had “seen a lot worst things” in the past few weeks where there has been no rider charged. He believed the carelessness was very low end.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

It was clear on the video films that Mr Bayliss permitted his mount to briefly shift in 1 horse width when only 1 length clear of KING LOUIS near the 900 metres. As a result that runner was crowded losing 1 length. The Committee deemed the level of carelessness displayed by Mr Bayliss to be in the very low range.

The JCA Penalty Guide starting point for low range carelessness is 6 days which was adopted.

The aggravating factor was the carelessness occurred in a Group 3 race worth $70 000. It is our opinion that Mr Bayliss’ carelessness was so minor that to impose more than a 1 day uplift would be disproportionate to the offence. The Committee also recognise that KING LOUIS went onto win the race.

The mitigating factors were Mr Bayliss’ admission of the breach and his good record. For these combined factors Mr Bayliss was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 6 national riding days.


penalty:

The Committee grants a deferment to Mr Bayliss’ suspension pursuant to Rule 1106(2).

Accordingly, Mr Bayliss had his license to ride in races suspended for a period to commence after racing on 28 January and conclude after racing on 8 February 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr J Bayliss - Class A Jockey


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: bb8163a1b1e6ec561d47a63879963cfe


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 69d6c95db4ccd3afba21fba66fbc3d72


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/01/2019


meet_title: Auckland RC - 26 January 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Auckland RC