Archive Decision

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Canterbury JC 15 August 2020 – R 5 – Chair, Mr R McKenzie

ID: JCA15649

Applicant:
J P Oatham, Chief Stipendiary Steward

Respondent(s):
A Balloo, Licensed Jockey (Class A)

Information Number:
A12830

Hearing Type:
Hearing

New Charge:
Excessive Use of Whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 15 August 2020

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2020/08/15

Race Number:
R5

Decision:

Mr Balloo has admitted the breach and, accordingly, the charge is found proved.

Penalty:

Mr Balloo is fined the sum of $500.

Facts:

Following the running of Race 5, David Emerson Accountant & Business Consultant Handicap, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr A Balloo, alleging that Mr Balloo as the rider of PRODUCER in the race, “struck his mount excessively prior to the 100 metres”.

Mr Balloo was present at the hearing of the information. He indicated that he understood the charge and that he admitted the breach.

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 regarding “Acceptable Use of the Whip” provide as follows:

Without affecting the generality of Rule 638 (3) (b), a rider may be penalised if their whip use is outside of the following guidelines:

Prior to the 100-metres mark in a race, official trial or jump out:

(i) The whip should not be used on more than 5 occasions.

Mr Oatham showed a video replay of the final 400 metres of the race. He pointed out PRODUCER, ridden by Mr Balloo, widest on the track as the field turned into the home straight. Shortly thereafter, Mr Balloo commenced using his whip and, from that point, he struck his mount on a clear 9 occasions prior to the 100 metres, Mr Oatham said.

Mr Balloo accepted the alleged number of 9 strikes. He said that he got “carried away” with his mount running on. He said that the straight at Riccarton was a long one, but he did not offer any excuses. He admitted that he had breached the guidelines and said that he would ensure that it did not happen again. 

Submissions for Penalty:

Mr Oatham said that Mr Balloo has one previous charge on his record – on 12 March 2020 at Ashburton (suspended for 6 national riding days for 11 strikes prior to the 100 metres). The present breach is, therefore, Mr Balloo’s second breach and, in line with the Penalty Guide, Stewards were submitting for a fine of $500, a fine being the appropriate penalty, Mr Oatham said.

Mr Balloo said that he agreed that he had received a suspension for whip use back in March. He said that he would have to work on his use of the whip, particularly where there is a long straight. 

Reasons for Penalty:

Mr Balloo has been charged, and has admitted, that he struck his mount 9 times prior to the 100 metres, in excess of the 5 strikes permitted under the guidelines.

He has a breach of the rule on his record in March of this year. The present breach is, therefore, his second. The guidelines prescribe a penalty of a $500 fine for a second breach of the rule.

There are no relevant aggravating or mitigating factors to be considered. 

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: bfa6ae46310fd08593dc8c261328d9c7


informantnumber: A12830


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of Whip


plea: admitted


penaltyrequired: 1


decisiondate: 17/08/2020


hearing_title: Canterbury JC 15 August 2020 - R 5 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 5, David Emerson Accountant & Business Consultant Handicap, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr A Balloo, alleging that Mr Balloo as the rider of PRODUCER in the race, “struck his mount excessively prior to the 100 metres”.

Mr Balloo was present at the hearing of the information. He indicated that he understood the charge and that he admitted the breach.

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 regarding “Acceptable Use of the Whip” provide as follows:

Without affecting the generality of Rule 638 (3) (b), a rider may be penalised if their whip use is outside of the following guidelines:

Prior to the 100-metres mark in a race, official trial or jump out:

(i) The whip should not be used on more than 5 occasions.

Mr Oatham showed a video replay of the final 400 metres of the race. He pointed out PRODUCER, ridden by Mr Balloo, widest on the track as the field turned into the home straight. Shortly thereafter, Mr Balloo commenced using his whip and, from that point, he struck his mount on a clear 9 occasions prior to the 100 metres, Mr Oatham said.

Mr Balloo accepted the alleged number of 9 strikes. He said that he got “carried away” with his mount running on. He said that the straight at Riccarton was a long one, but he did not offer any excuses. He admitted that he had breached the guidelines and said that he would ensure that it did not happen again. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Balloo has admitted the breach and, accordingly, the charge is found proved.


sumissionsforpenalty:

Mr Oatham said that Mr Balloo has one previous charge on his record – on 12 March 2020 at Ashburton (suspended for 6 national riding days for 11 strikes prior to the 100 metres). The present breach is, therefore, Mr Balloo’s second breach and, in line with the Penalty Guide, Stewards were submitting for a fine of $500, a fine being the appropriate penalty, Mr Oatham said.

Mr Balloo said that he agreed that he had received a suspension for whip use back in March. He said that he would have to work on his use of the whip, particularly where there is a long straight. 


reasonsforpenalty:

Mr Balloo has been charged, and has admitted, that he struck his mount 9 times prior to the 100 metres, in excess of the 5 strikes permitted under the guidelines.

He has a breach of the rule on his record in March of this year. The present breach is, therefore, his second. The guidelines prescribe a penalty of a $500 fine for a second breach of the rule.

There are no relevant aggravating or mitigating factors to be considered. 


penalty:

Mr Balloo is fined the sum of $500.


hearing_type: Hearing


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


Informant: J P Oatham, Chief Stipendiary Steward


JockeysandTrainer: A Balloo, Licensed Jockey (Class A)


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 54c037f2da9e21e2f6092d5f20f4b0cf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9c1d37108f1329cdde40bdfff8d2d42f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/08/2020


meet_title: Canterbury JC - 15 August 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Canterbury JC