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Hororata RC 27 March 2021 - R 7 - Chair, Mr D Anderson

Created on 30 March 2021

Rules:
638(3)(b)(ii)
Committee:
DAnderson (chair)
PKnowles
Name(s):
Mr A Balloo - Class A Jockey
Mr M Davidson - Stipendiary Steward
Mr D Wadley - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A14067
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 7 an Information was filed by Chief Stipendiary Steward Mr J Oatham against Jockey Mr A Balloo, alleging a breach of Rule 638(3)(b) (ii) “Struck his mount STREET FIGHTINMAN excessively prior to the 100 metres”.

Mr Balloo acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(3)(b)(ii) reads 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

Mr Oatham demonstrated the incident using the available video footage. He identified Mr Balloo, racing outside the leader in the home straight, and showed that he struck his mount 8 times prior to the 100 metres.

Mr Balloo stated he thought he was able to finish in a placing, got carried away, and was too excited.

Decision:

As Mr Balloo had admitted the charge, it was deemed to be proved.

Submission For Penalty:

Mr Oatham stated Mr Balloo has 2 previous breaches under the Rule for the last 6 months both at Ashburton. The first in October where he incurred a 6-day suspension and in December where he received 5 days.

He said the Penalty Guide indicated a 2-day suspension plus a $2000 fine as a starting point but it was unrealistic for a jockey in Mr Balloo’s position.

Mr Balloo stated he would be unable to manage a fine of that magnitude.

Mr Balloo asked for a deferment of any suspension to enable him to keep his engagements at the upcoming 2-day Riverton meeting.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

This Committee agrees the starting point is unrealistic for a South Island Jockey with limited opportunities. The NZTR Guidelines are designed to provide assistance to Committees but in this instance they do not.

The Committee considered an appropriate and suitable penalty for Mr Balloo is a 4-day suspension and a $500 fine.

Mr Balloo’s request for a 9-day deferment is granted pursuant of Rule 1106(3)(b).

Penalty:

Accordingly, Mr Balloo’s licence to ride is suspended from the close of racing on the 5th April up to and including racing on the 10th April 2021. In addition to this suspension Mr Balloo is fined $500.

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