Waikato RC 10 February 2018 – R 7 – Chair, Mr A Dooley
ID: JCA15997
Code:
Thoroughbred
Meet Title:
Waikato RC - 10 February 2018
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2018/02/10
Race Number:
R7
Decision:
As Mr Bayliss admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Bayliss was fined $700.
In conclusion the Committee advised Mr Bayliss that a 3rd breach of this Rule would result in a suspension and the reset period for his record is 12 months.
Facts:
Following the running of race 7, Distinction Hamilton Hotel, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Bayliss used the whip excessively when riding SOUND WORKS prior to the 100 metres.
Mr Bayliss acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
(g) using the whip with the arm above shoulder height.
Mr Jones demonstrated the incident using the available video footage. He identified Mr Bayliss and showed that he struck his mount 8 times prior to the 100 metres. He said at no time did Mr Bayliss give his mount the required respite of 5 strides. He identified that 3 of strikes were when Mr Bayliss used the whip with his arm above shoulder height and added that there was some force applied. He also identified on the film that it appeared Mr Coleman was struck with the whip when Mr Bayliss raised his whip above shoulder height.
Mr Bayliss told the Committee that he miscounted the number of strikes because he was out in the middle of the track. He said that he was not aware of where the red tape was to identify the final 100 metres and he got a bit lost in a tight finish. He stated that he was not trying to be aggressive and highlighted that he was racing in tight quarters beside Mr Coleman which prevented him from striking his mount in a normal manner.
Submissions for Penalty:
Mr Oatham said that Mr Bayliss had 1 previous breach of this Rule in December 2017 and a $300 fine was imposed. He said the JCA Penalty Guide starting point for a second breach was a $500 fine. He said the number of strikes were low end but the whip was used in a reasonably aggressive manner and some of the strikes were above shoulder height.
Mr Oatham advised the Committee that the Stewards had interviewed Mr Coleman about being struck with Mr Bayliss’ whip. Mr Coleman told the Committee that he was unaware of being struck with the whip. Mr Oatham said that comment would suggest that Mr Coleman was struck on his back and his body Vest protected him. Mr Oatham submitted a fine in line with the JCA Penalty Guide would be appropriate.
Mr Bayliss said that he had a few things against him and he believed that a $500 fine would be a steep penalty. He said that he had some issues with his whip when riding in Melbourne but had improved his record in New Zealand. Mr Bayliss told the Committee he accepted that if he breached this Rule again in the near future a suspension would be an appropriate penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of this Rule is a $500 fine and that incorporates an admission of the breach.
The mitigating factors were Mr Bayliss’ admission of the breach and the number of strikes (8) were in the low range.
However, the aggravating factors were Mr Bayliss used the drawn whip at least 3 times with his arm above shoulder height. We deemed this to be unacceptable use of the drawn whip and it is outside the Whip Guidelines effective 1 August 2017. It was evident that the 3 strikes were particularly forceful and we considered the strikes to be exuberant and high end .The Committee was mindful of the public perception when dealing with a case like this. When reviewing the video film we observed that Mr Coleman was accidently struck when Mr Bayliss used the whip with his arm above shoulder height. For these combined factors the Committee applied a $200 uplift.
The Committee observed that SOUND WORKS was the closest horse to the running rail and Mr Bayliss had an unimpeded view of where the 100 metre mark was.
SOUND WORKS finished in 3rd place.
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: adab755707e85de6fd199d8ac1db2273
informantnumber: A10046
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/02/2018
hearing_title: Waikato RC 10 February 2018 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, Distinction Hamilton Hotel, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Bayliss used the whip excessively when riding SOUND WORKS prior to the 100 metres.
Mr Bayliss acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:
(g) using the whip with the arm above shoulder height.
Mr Jones demonstrated the incident using the available video footage. He identified Mr Bayliss and showed that he struck his mount 8 times prior to the 100 metres. He said at no time did Mr Bayliss give his mount the required respite of 5 strides. He identified that 3 of strikes were when Mr Bayliss used the whip with his arm above shoulder height and added that there was some force applied. He also identified on the film that it appeared Mr Coleman was struck with the whip when Mr Bayliss raised his whip above shoulder height.
Mr Bayliss told the Committee that he miscounted the number of strikes because he was out in the middle of the track. He said that he was not aware of where the red tape was to identify the final 100 metres and he got a bit lost in a tight finish. He stated that he was not trying to be aggressive and highlighted that he was racing in tight quarters beside Mr Coleman which prevented him from striking his mount in a normal manner.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bayliss admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Mr Bayliss had 1 previous breach of this Rule in December 2017 and a $300 fine was imposed. He said the JCA Penalty Guide starting point for a second breach was a $500 fine. He said the number of strikes were low end but the whip was used in a reasonably aggressive manner and some of the strikes were above shoulder height.
Mr Oatham advised the Committee that the Stewards had interviewed Mr Coleman about being struck with Mr Bayliss’ whip. Mr Coleman told the Committee that he was unaware of being struck with the whip. Mr Oatham said that comment would suggest that Mr Coleman was struck on his back and his body Vest protected him. Mr Oatham submitted a fine in line with the JCA Penalty Guide would be appropriate.
Mr Bayliss said that he had a few things against him and he believed that a $500 fine would be a steep penalty. He said that he had some issues with his whip when riding in Melbourne but had improved his record in New Zealand. Mr Bayliss told the Committee he accepted that if he breached this Rule again in the near future a suspension would be an appropriate penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 2nd breach of this Rule is a $500 fine and that incorporates an admission of the breach.
The mitigating factors were Mr Bayliss’ admission of the breach and the number of strikes (8) were in the low range.
However, the aggravating factors were Mr Bayliss used the drawn whip at least 3 times with his arm above shoulder height. We deemed this to be unacceptable use of the drawn whip and it is outside the Whip Guidelines effective 1 August 2017. It was evident that the 3 strikes were particularly forceful and we considered the strikes to be exuberant and high end .The Committee was mindful of the public perception when dealing with a case like this. When reviewing the video film we observed that Mr Coleman was accidently struck when Mr Bayliss used the whip with his arm above shoulder height. For these combined factors the Committee applied a $200 uplift.
The Committee observed that SOUND WORKS was the closest horse to the running rail and Mr Bayliss had an unimpeded view of where the 100 metre mark was.
SOUND WORKS finished in 3rd place.
penalty:
Accordingly, Mr Bayliss was fined $700.
In conclusion the Committee advised Mr Bayliss that a 3rd breach of this Rule would result in a suspension and the reset period for his record is 12 months.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr J Bayliss - Class A Rider
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fd9887d58387985bd5b26311edd16963
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: 5c6a961715219b66d47a094ff9132b0c
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/02/2018
meet_title: Waikato RC - 10 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Waikato RC