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Ashburton RC 12 May 2021 - R 7 - Chair, Mr S Ching

Created on 17 May 2021

Rules:
638(1)(d)
Committee:
SChing (chair)
Name(s):
Mr R Beeharry - Class B Rider
Mr D Walsh - NZTR Apprentice Jockey Mentor
Mr B Tapper - Licensed Trainer
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A11968
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of Race 7, the Heartland Print 1400m, 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, CHARLIE BROWN, to shift inwards when not sufficiently clear dictating O’HE’CAN inwards onto THE GARRISON which was checked near the 350m.

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 not admitted, which he confirmed at the hearing. Mr Beeharry also acknowledged that he understood the charge and the Rule it was brought under.

Mr D Walsh, NZTR Apprentice Jockey Mentor, assisted Mr Beeharry at the hearing.

Submission For Decision:

Mr Davidson gave evidence and used video coverage, with the assistance of Chief Stipendiary Steward, Mr J Oatham, to show that approaching the 350m, CHARLIE BROWN, ridden by Mr Beeharry, was racing in a 3-4 wide position and trailing ARNAGE, ridden by Mr R Mudhoo, with O’HE’CAN, ridden by Miss S Wynne and THE GARRISON, ridden by Miss K Williams, behind and looking to improve on his inside.

Mr Oatham showed on the replays, Mr Beeharry angle his mount inwards, to improve on the inside of ARNAGE. Mr Oatham then showed Miss Wynne move inwards to take up a rightful position inside Mr Beeharry, when Mr Beehary’s mount began a shift inward under a ride and not clear of Miss Wynne, dictating her horse in, into the running line of Miss Williams' mount, who was forced to check when placed in restricted room. He stated that Mr Beeharry had moved in approximately 2 horse widths when not clear of Miss Wynne who was on his heels and forced inwards, and as a result, Miss Williams, who was on Miss Wynne's heels, was placed in restricted room and had to check quite severely. Mr Oatham stated that Mr Beeharry did take corrective measures but only after the interference had occurred. He added that although CHARLIE BROWN was laying in at the time, Mr Beeharry, had allowed his mount to shift in for 2 strides when under a ride before taking corrective action which was too late to prevent the interference.

In defence, Mr Walsh on behalf of Mr Beeharry, stated that CHARLIE BROWN was a difficult horse to ride, which was confirmed by trainer, Mr B Tapper, and had been laying out prior to turning for home and once in the clear in the straight, had begun to lay in. He said that Miss Wynne had angled in to take up racing room on the inside of Mr Beeharry and with Miss Williams already inside Miss Wynne, it was a tight racing situation where a shift of ½ a horse width by Mr Beeharry, had made the situation worse. Mr Walsh stated that Mr Beeharry was trying to get his horse to come out and doesn’t know there are 2 horses on his inside. He said that Mr Beeharry eventually pulled his horse sideways in taking corrective action, but this was too late to avoid interference. Mr Walsh added that Miss Wynne had improved through on the inside and made it tight initially, which made Mr Beeharry’s ½ horse shift in, look worse. He added that Mr Beeharry was doing his best under the circumstances to keep his horse out and there was no way he was riding his horse out at the time of the incident, therefore he had not ridden carelessly.

Mr Walsh called Miss Wynne as a witness who stated that she initially thought that prior to the incident, Mr Beeharry was doing his best to keep his mount, who was being difficult, on a true line. Miss Wynne added that the films showed the incident marginally different. She said that Mr Beeharry was riding competitively for a couple of strides just before the incident but then took corrective action, but this was after the damage was done.

Reasons For Decision:

The Committee carefully considered the evidence presented in conjunction with the film replays of the alleged incident. It was satisfied that approaching the 350m, Mr Beeharry, was racing in a 3-wide position with Miss Wynne angling in to take up a rightful position on his inner in order to improve. Inside Miss Wynne was Miss Williams, also taking up a rightful line to improve on the rail. Mr Beeharry after opting to shift to the inside of ARNAGE, began to ride his mount out and thereafter began an inward movement, encroaching into the rightful running line of Miss Wynne. The Committee has found that for two strides, when riding his mount out, he has allowed his horse to shift inwards approximately 1 horse width and into the rightful line of Miss Wynne who was dictated in onto Miss Williams who had to check. The Committee  also finds that Mr Beeharry took corrective action, but this action was too late to prevent the interference to both Miss Wynne and Miss Williams. Therefore found the charge of careless riding proved.

Decision:

The charge was found to be proved.

Submission For Penalty:

Mr Davidson stated that Mr Beeharry’s record showed 2 previous breaches being South Canterbury on 9 October 2020 where he received an 8-day suspension for a high-end breach and Otago on 16 January 2021 where a 4 National day suspension was imposed for a low to mid-range breach. He submitted that his record could be considered as a neutral factor. Mr Davidson stated that the breach was low to mid-range and added that there was some mitigation to consider, being the difficulty Mr Beeharry was having with his mount, during the running. He submitted that a suspension and fine in recognition of the level of the breach and his status as an Apprentice Rider.

Mr Beeharry elected to make no submissions on penalty apart from requesting a deferment of suspension until after racing at Timaru on 20 May 2021, where he had riding commitments.

Reasons For Penalty:

This Committee agreed with Mr Davidson that the breach was low to mid-level. The Penalty Guide provides a 4 to 5 National day starting point for a low to mid-range breach of this Rule combined with a fine of $250.

Adopting a 4-day starting point, the only aggravating factor were the consequences of Mr Beeharry’s riding to Miss Wynne's and Miss Williams' respective mounts, who may have had their chances affected, which determined, warranted an uplift in penalty. This uplift I set at 1 day.

The mitigating factors are the difficulty of Mr Beeharry’s horse and his status as an Apprentice Rider. In recognition of these factors, the Committee determined that a combined discount of $100 was warranted in regard to the fine. A fine of $150 will therefore be imposed.
Mr Beeharry’s request for deferment until after racing at Timaru on 20 May 2021 was granted.

Penalty:

Mr Beeharry’s Class B Jockey Licence is suspended from the conclusion of racing 20 May 2021 up to and including 28 May 2021 (5 National riding days). In addition, Mr Beeharry is fined the sum of $150.

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