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Waikato RC 9 February 2019 - R 7 - Chair, Mr A Dooley

Created on 11 February 2019

Rules:
638(2)
Committee:
ADooley (chair)
GJones
Name(s):
Mr J Bayliss - Rider of ON THE ROCKS
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12136
Plea:
Admitted
Charge:
Celebratory Gesture
Evidence:

Following the running of race 7, Herbie Dyke Stakes (Group 1), an Information was filed pursuant to Rule 638(2). The Informant, Mr Oatham, alleged that Mr Bayliss (ON THE ROCKS) made a celebratory gesture prior to the winning post.

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

Rule 638(2) provides: A Rider shall not make a celebratory gesture prior to his horse passing the winning post.

Mr Oatham demonstrated the incident using the available video footage. He said that Mr Bayliss made a reasonably extravagant celebratory gesture 3 strides prior to the winning post.

Mr Bayliss had nothing to add.

Decision:

As Mr Bayliss admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Oatham said that Mr Bayliss had breached this Rule on the 9th of December 2017 and incurred a $300 fine in a Group 3 race and on 1 January 2018 in a Group1 race when a $500 fine was imposed.

Mr Oatham said that the only other comparable case was Mr McNab on 1 April 2017 where a $400 fine was imposed. He submitted a fine in the vicinity of $400 to $500 ought to be imposed.

Mr Bayliss submitted that he had a clear record for over 13 months. He made no submissions on an appropriate penalty.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a breach of this Rule is a $300 fine.

The Committee notes that this is Mr Bayliss’ 3rd celebratory gesture in a Group race in the past 14 months.

We understand Mr Bayliss’ excitement at winning a Group 1 race but the Rule is clear.

Aggravating factors were the breach occurred in a Group 1 race worth $400,000. In addition the celebratory gesture was exuberant and high range. These collective factors necessitated an uplift in penalty.
Mitigating factors were Mr Bayliss’ admission of the breach and his clear record in the last 12 months.

Penalty:

Mr Bayliss was fined $500 which is parallel to his previous Group 1 breach.

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