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South Canterbury RC 9 October 2020 - R 1 - Chair, Mr S Ching

Created on 12 October 2020

Rules:
638(1)(d)
Committee:
SChing (chair)
Name(s):
Mr R Beeharry - Class B Rider
Mr B Tapper - Licensed Trainer assisting Mr Beeharry
Mr N McIntyre - General Manager of Stewards
Informant
Mr M Davidson – Stipendiary Steward
Information Number
A11891
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 1, the Temuka Transport 1967 Maiden Sprint 1200m, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr R Beeharry, alleging careless riding in that he permitted his mount, TENNESSEE ROCK, to shift inwards forcing O’REILLY MCLUKE inwards onto KING RAT, which was checked near the 1100m.

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 acknowledged that he understood the charge and the Rule it was brought under. Mr B Tapper, Licensed trainer, assisted Mr Beeharry at the hearing.

Mr Davidson gave evidence and used video coverage, with the assistance of Manager of Stewards, Mr N McIntyre, to show that shortly after the start and approaching the 1100m, TENNESSEE ROCK, ridden by Mr Beeharry, was racing mid track with O’REILLY MCLUKE, ridden by Mr K Chowdhoory and KING RAT, ridden by Mr T Moseley, racing on the inside of Mr Beeharry. Mr McIntyre pointed out Mr Beeharry, improving forward and crossing the inside runners in an attempt to assume the lead. He pointed out Mr Beeharry, on an inward movement, when not only a bare length clear of Mr Chowdhoory. Mr Chowdhoory, he said, was forced inwards onto Mr Moseley who ran out of racing room and had to check.

Mr Beeharry conceded he had made an error of judgement.

Decision:

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

Submission For Penalty:

Mr Davidson stated that Mr Beeharry’s record showed 1 previous breach being Ashburton on 12 March 2020 where he received a 9-day suspension for a high-end breach. He said the Stewards considered Mr Beeharry’s record to be relatively good. Mr Davidson submitted that the breach was mid to high and a penalty in recognition of that level of offence be considered as penalty.

Mr Beeharry asked that the breach be considered as mid-range and requested a deferment of suspension until after racing at Otago on 16 October where he had riding commitments.

Reasons For Penalty:

This Committee agreed with Mr Davidson that the breach was mid to high. The JCA Penalty Guide provides a 9 National day starting point for a mid to high-range breach of this Rule.

Adopting the 9 National Day starting point, we determined that there were no aggravating factors to consider, therefore no uplift warranted.

The mitigating factors are Mr Beeharry’s frank admission of the breach and his relatively good record which warranted a combined discount.

This discount we set at 1 day. We therefore determined that an 8 National Day suspension was an appropriate penalty in this case.

Mr Beeharry’s request for deferment until after racing at Otago on 16 October was granted.

Penalty:

Mr Beeharry’s Class B Jockey licence is suspended from the conclusion of racing 16 October up to and including 28 October 2020.

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