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Wellington RC 31 July 2020 - R 8 - Chair, Mr T Utikere

Created on 03 August 2020

Committee:
TUtikere (chair)
Name(s):
Mr J Baillie - Jockey
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A12331
Plea:
Denied
Charge:
Unnecessary Whip Use
Evidence:

Following the running of Race 8 (Dixon and Dunlop Maiden 1200), Information A12331 was filed with the Judicial Committee. It alleged a breach of Rule 638(3)(b)(ii) in that J Baillie (LE COQ GRIS) used his whip unnecessarily on a runner that was out of contention”.

Mr Baillie confirmed that he understood the Rule and that he did not admit the breach. 

Submission For Decision:

Using the head on film Mr Goodwin identified Mr Baillie's runner near the rear of the field approaching the final turn. He demonstrated that prior to the 100 metres Mr Baillie had struck his horse on at least 10 occasions. Further, he submitted that the horse was clearly out of contention at the time.

Mr Baillie submitted that the horse was clearly last but that it was also improving at the time. Whilst he accepted that the horse did stop, he also submitted that he was simply following the instructions of the trainer. In response to a question from Mr Goodwin, the Respondent confirmed that the trainer did not specifically tell him to exceed the whip guidelines but that he did make it clear that he would be expected to work the horse hard. In response to a question from the Chairman, the Respondent accepted that immediately prior to the home turn, it was clear that the horse was not likely to have finished in a dividend-bearing position. 

Reasons For Decision:

The relevant films very clearly demonstrate that approaching the home turn Mr Baillie's horse was clearly towards the rear of the field. By his own concession he concedes that it was not likely, at that stage, nor in the run to the finish line, that his horse would have finished in a dividend or stake bearing position as a result of his whip use. When that is considered alongside the fact that he struck his horse on at least 10 occasions prior to the 100 metre mark, the threshold, in that Mr Baillie's use of the whip was considered as unnecessary, in those circumstances, has been easily met.  

Decision:

The charge has been proved.

Submission For Penalty:

In presenting Mr Baillie's record, Mr Goodwin identified that this was the Respondent’s second breach in quick succession. He had previously transgressed the Rule on 18 July for which he was fined $350. Given the nature of the current breach, and that it had quickly followed his recent one, he submitted a period of suspension as appropriate.

In response, Mr Baillie submitted a fine as appropriate as he had upcoming commitments at Hawera, and he indicated that he was in a position to pay off a fine. 

Reasons For Penalty:

The Committee considered the submissions from both parties as to penalty. This is Mr Baillie's second breach of the Rule in a relatively short period of time, where limited raceday opportunities exist on the calendar. In a situation where the combination of the number of strikes prior to the 100 metres exists alongside the fact that the whip use was on a horse that was clearly out of contention, the Committee considers that it is entirely appropriate for a period of suspension to be an open consideration. When the Committee considers the most recent breach, for which the Committee has had regard to the comments expressed in that Decision by the Judicial Committee, a period of suspension must follow. Considering the circumstances of the current breach a two days period of suspension is appropriate. 

Penalty:

Mr Baillie is suspended from the close of racing on 31 July until the close of racing on 8 August 2020. 

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