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Ashburton RC 22 December 2017 - R 5 - Chair, Mr S Ching

Created on 23 December 2017

Rules:
638(1)(d)
Committee:
SChing (chair)
GClapp
Name(s):
Mr R Beeharry - Class B Apprentice Rider
Mr D Walsh - Apprentice Jockey Mentor assisting Mr Beeharry
Mr M Davidson - Stipendiary Steward
Informant
Mr J McLaughlin - Stipendiary Steward
Information Number
A8136
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 5, the NZB Insurance Pearl Series Race 1200, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Apprentice Rider, Mr R Beeharry, alleging careless riding in that he permitted his mount, MYSTERY EYES, to shift inwards when not clear of KHORABELLA, ridden by Mr M Cameron, passing the 700m.

Rule 638(1)(d) reads as follows;

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Beeharry had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Beeharry also agreed that he understood the charge and the Rule it was brought under. Mr Beeharry was assisted at the hearing by Apprentice Jockey Mentor, Mr D Walsh.

Mr McLaughlin, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and used video coverage to show that approaching the 700m, Mr Beeharry, riding MYSTERY EYES, was in a 3-wide position outside the leading horses.

Mr Davidson stated that Mr Beeharry was originally in a 2-wide position on the outside of the leader but the runner inside him had shifted off the rail, when hanging, allowing another runner through on the fence placing him in a 3-wide position. He said that Mr Beeharry then attempted to ease back into a position 1 off the rail and in behind the leaders, and in this manoeuvre, was not clear of KHORABELLE, ridden by Mr Cameron, who had to check. Mr Davidson stated that Mr Beeharry was only just over a length clear of Mr Cameron when he took up the position in front of Mr Cameron.

Mr Walsh stated that the lead up to this incident was unfortunate as Mr Beeharry was trying to reposition himself after being forced 3 wide by the leading horse not handling the bend. He said that Mr Beeharry did not make sure he was clear when trying to slot into a position in front of Mr Cameron. Also of note, Mr Walsh said that there was room initially for Mr Beeharry to shift down into the position in front of Mr Cameron but that the gap closed quickly due to that horse improving forward.

Mr Davidson agreed with Mr Walsh in that Mr Cameron had rightfully improved quickly into the available gap which he said did contribute to the incident.

Decision:

As Mr Beeharry had admitted the breach, the charge was found proved.

Submission For Penalty:

Mr McLaughlin stated that Mr Beeharry’s penalty record showed a 5 National day suspension on 8 December 2017 at Riccarton. Mr McLaughlin stated that the Stewards considered this breach to be low level and that Mr Beeharry’s inexperience was a factor in this incident. He said the JCA Penalty Guide provided a starting point of a 6 National day suspension for a low range breach and submitted that he would leave it up to the Committee to decide the length of that suspension.

Mr Walsh agreed that the breach was low level and that consideration be given to the lead up to the incident and the contribution by Mr Cameron's horse improving quickly into the gap.

Deferment was discussed with Mr Beeharry and Mr Walsh requesting that the penalty begin as soon as possible.

Reasons For Penalty:

The JCA Penalty Guide starting point for a low-range breach of this rule is a 6-day suspension. The Committee agreed with the Stewards that this was a low-range breach so therefore adopted the 6-day starting point. We determined that Mr Beeharry’s penalty record was an aggravating factor and warranted an uplift in penalty, which we set at 1 day.

However, we were able to afford Mr Beeharry a discount for his admission of the breach which we set at 1 day. We therefore determined that a 6-National day suspension was an appropriate penalty.

As riders were declared for the meetings at Gore on 24 December and Dunedin on 26 December the penalty imposed would commence after racing on 26 December.

Penalty:

Accordingly, Mr Beeharry’s Class B Jockeys licence was suspended from the conclusion of racing 26 December up to and including 1 January 2018.

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