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Otago RC 2 December 2018 - R 6 - Chair, Prof G Hall

Created on 07 December 2018

Rules:
638(3)(b)(ii)
Committee:
GHall (chair)
MConway
Name(s):
Mr J Bayliss - Class A Jockey
Mr J McLaughlin - Stipendiary Steward
Informant
Mr M Davidson – Stipendiary Steward
Information Number
A8635
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Mr Davidson alleged that Mr Bayliss (TOUCH THE SKY) in race 6, the INDUSTRI ARCHITECTURAL DESIGN 1220, used his whip excessively prior to the 100 metres.

Rule 638(3)(b)(ii) provides: “A Rider shall not 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” provide:

“Without affecting the generality of r 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.”

Mr Davidson demonstrated the breach using the videos. He pointed out there were nine or 10 strikes before the 100 metres. There was no respite.

Mr Bayliss accepted he could have broken the strikes up. He said it had been a long and hot weekend. He had had to waste to get to 54 kg, as he had recently served a suspension and his weight could rocket to close to 60 kg if he was not riding. The early start and the car sweat between Queenstown and the course, and a run around the course fully clothed had taken its toll and he was feeling quite “fragile” as a consequence. It was a frustrating day at the time he had breached the rule. He acknowledged he was aware of the rules.

Decision:

As Mr Bayliss has admitted the breach, we find the breach proved.

Submission For Penalty:

Mr Davidson produced the respondent’s record, which evidenced 3 previous breaches of this rule in the past 12 months. Mr Bayliss had been fined $300 on 6 December, $700 on 10 February, and suspended for 6 days on 29 August.

Mr Davidson submitted it was not a high end breach and was perhaps low range. However, the strikes were forceful and in quick succession. Mr Bayliss had gone on to win the race.

Mr Bayliss said his last suspension was 3 months ago and he had had about 200 race rides since his last suspension. He believed his record was thus quite good. He emphasised the effect that wasting had had upon his thinking. He said he rides throughout New Zealand and although 4 charges were not a good record, his record being clear for 3 months should be factored in his favour.

Reasons For Penalty:

The starting point in the Penalty Guide is 6 to 8 days for a third or subsequent breach of r 638(3)(b)(ii). This is Mr Bayliss’ fourth breach of this rule in the past 12 months. We do not overlook that he has ridden for 3 months without a breach or that the first breach is only some 4 days away from dropping off the 12 month count.

We view the breach as mid-range. There are nine or 10 strikes with no clear break for five. As Mr Davidson stated, they are forceful and in quick succession.

Taking into account the nature of the breach and the respondent’s record, we take a starting point of 7 days. We note that Mr Bayliss has been wasting and that he was frustrated at the time. We do not believe his wasting is relevant in this context and to breach the rule out of frustration certainly cannot be viewed to be a mitigating factor.

After communication with his agent, Mr Bayliss requested that his suspension start after the Counties meeting where he has a number of engagements.

Penalty:

Mr Bayliss is suspended from the end of racing on 5 December up to and including 14 December 2018. This is 7 national days.

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