Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Waverley RC 29 August 2019 – R 4 – Chair, Mrs N Moffatt

ID: JCA11564

Applicant:
Mr D Balcombe - Stipendiary Steward

Respondent(s):
Mr J Baillie - Class A Rider

Other Person:
Mr N Goodwin - Stipendiary Steward

Information Number:
A11622

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waverley RC - 29 August 2019

Meet Chair:
NMoffatt

Meet Committee Member 1:
NMcCutcheon

Race Date:
2019/08/29

Race Number:
R 4

Decision:

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

Penalty:

Accordingly, Mr Baillie is suspended from the close of racing on Thursday September 12th up to and including racing on Saturday, September 21st.

Facts:

Following Race 4 (Summit Haulage 1400) 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 NUBIAN SMILE prior to the 100m.

At the outset of the hearing Mr Baillie confirmed that he understood the Rule and that he admitted the breach.

Mr Goodwin used the head-on 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 Goodwin.

Submissions for Penalty:

Mr Balcombe said this was Mr Baillie’s fourth breach of the rule since June and his record was of concern. The Stewards placed today’s breach in the low range and submitted that a suspension in line with the Penalty Guidelines would be appropriate.

Mr Baillie said he wasn’t going out in a race to get suspended and was very sorry for breaking the rules again. He said he had a distinctive whip-style where he “showed” the horse the whip and only made contact every other stride.

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

Mr Baillie’s record is evidence that he is clearly having some trouble adapting to the whip regulations. His last two breaches have been low end, and it was our opinion that today’s breach was also in that category. The videos confirm he was only a few strikes over the guidelines and his whip did not strike the horse on every stride.

Mr Baillie was extremely disappointed in himself appearing before the Judicial Committee within such a short space of time. He showed genuine remorse and a desire to address the issues with his whip use.

We took into account all submissions but particularly note the low-end nature of the breach. Mr Baillie is about to begin a suspension for a breach of the same rule a week ago. Today’s suspension will follow on from that.

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: 1da1c46709907d3c888534d85849435b


informantnumber: A11622


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 02/09/2019


hearing_title: Waverley RC 29 August 2019 - R 4 - Chair, Mrs N Moffatt


charge:


facts:

Following Race 4 (Summit Haulage 1400) 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 NUBIAN SMILE prior to the 100m.

At the outset of the hearing Mr Baillie confirmed that he understood the Rule and that he admitted the breach.

Mr Goodwin used the head-on 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 Goodwin.


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 fourth breach of the rule since June and his record was of concern. The Stewards placed today’s breach in the low range and submitted that a suspension in line with the Penalty Guidelines would be appropriate.

Mr Baillie said he wasn’t going out in a race to get suspended and was very sorry for breaking the rules again. He said he had a distinctive whip-style where he “showed” the horse the whip and only made contact every other stride.


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

Mr Baillie’s record is evidence that he is clearly having some trouble adapting to the whip regulations. His last two breaches have been low end, and it was our opinion that today’s breach was also in that category. The videos confirm he was only a few strikes over the guidelines and his whip did not strike the horse on every stride.

Mr Baillie was extremely disappointed in himself appearing before the Judicial Committee within such a short space of time. He showed genuine remorse and a desire to address the issues with his whip use.

We took into account all submissions but particularly note the low-end nature of the breach. Mr Baillie is about to begin a suspension for a breach of the same rule a week ago. Today’s suspension will follow on from that.


penalty:

Accordingly, Mr Baillie is suspended from the close of racing on Thursday September 12th up to and including racing on Saturday, September 21st.


hearing_type: Hearing


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


Informant: Mr D Balcombe - Stipendiary Steward


JockeysandTrainer: Mr J Baillie - Class A Rider


Otherperson: Mr N Goodwin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 761a1c79781f1697287058908af6d412


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 47e372bde34a6b1def339888e9407b45


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/08/2019


meet_title: Waverley RC - 29 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waverley-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: NMcCutcheon


meet_pm2: none


name: Waverley RC