South Canterbury RC 28 December 2018 – R 4 – Chair, Mr R McKenzie
ID: JCA13948
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 28 December 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2018/12/28
Race Number:
R4
Decision:
Mr Beeharry having admitted the breach, the charge was found proved.
Penalty:
The Committee granted Mr Beeharry’s application for a deferment, it being satisfied that he has riding engagements at the meeting of Central Otago RC on 3 January 2019.
Mr Beeharry’s Apprentice Jockey’s Licence (Class B) is suspended for a period from after the conclusion of racing on 3 January 2019, up to and including 10 January 2019 – 5 national riding days.
Facts:
Following the running of Race 4, J. Ballantyne & Co & LJ Hooker Group Dash, an Information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Apprentice Jockey (Class B), Mr RD Beeharry, alleging that Mr Beeharry, as the rider of SO NATURAL in the race, “allowed his mount to shift outwards checking BON SHOVI (J J Fawcett) passing the 140 metres.”
Mr Beeharry was present at the hearing of the Information and he indicated that he admitted the breach.
Mr Beeharry was assisted at the hearing by Apprentice Jockey Mentor, Mr DM Walsh. Also present at the hearing was Mr HB Tapper, Licensed Trainer (Class A).
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Mr McLaughlin had Stipendiary Steward, Mr MR Davidson, show the incident on video replays. He pointed out SO NATURAL, ridden by Mr Beeharry, and BON SHOVI, ridden by Miss Fawcett. The former was improving against the rail passing the 200 metres with the latter on its outside. Mr Davidson said that Mr Beeharry had decided to come out and Miss Fawcett’s mount was taken off its line. Miss Fawcett has had to “steer away” to avoid the heels of Mr Beeharry’s mount. The head of Mr Beeharry’s mount was angled out and it was no more than 1¼ lengths clear of Miss Fawcett. The move was “just a bit sharp”, Mr Davidson submitted.
Mr Walsh submitted that the head-on and side-on angles showed quite different views of the incident. From the head-on angle, there appeared to be contact, but there was none, he said. Mr Davidson confirmed that Miss Fawcett had said there was no contact. Miss Fawcett’s mount was stopping but Mr Beeharry had come out a little bit sharp and this had caused the problem, Mr Walsh said.
Mr McLaughlin, asked by the Committee, said that the breach was low-end.
Submissions for Penalty:
Mr McLaughlin told the Committee that Mr Beeharry’s record showed two suspensions in the past 12 months – on 31 March 2018 at Riverton (mid-range, 8 days) and on 6 November 2018 at Otago (low-range, 5 days). Mr McLaughlin submitted that a suspension of 6 days or thereabouts was appropriate.
Mr Walsh said that Mr Beeharry wished to have a deferment to enable him to fulfil engagements at Central Otago RC on 3 January 2019.
Mr Walsh submitted that Mr Beeharry’s record of two suspensions in 12 months is a “pretty good” one. He also referred to the low-end nature of the breach and Mr Beeharry’s admission and submitted that a “minimum penalty” would be appropriate.
Mr Beeharry said that he has had 157 career rides, the majority of them quite recently.
Reasons for Penalty:
The Committee agreed with Mr McLaughlin that the breach is at the low-end of the scale. Therefore, the Committee adopted the starting point for a low-end breach of the Rule of a 6-day suspension as per the Penalty Guide. Mr Beeharry’s record we have treated a being a neutral factor. It is not a bad record – this is only the second breach in the last 9 months – considering the number of rides that Mr Beeharry has had in that period.
A mitigating factor is Mr Beeharry’s admission of the breach and, for that factor, we have allowed him a discount of 1 day from the starting point of 6 days.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 83c8d95ab1ca12f35bcc94fb127022a3
informantnumber: A5740
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2018
hearing_title: South Canterbury RC 28 December 2018 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, J. Ballantyne & Co & LJ Hooker Group Dash, an Information was filed by Stipendiary Steward, Mr JM McLaughlin, against Licensed Apprentice Jockey (Class B), Mr RD Beeharry, alleging that Mr Beeharry, as the rider of SO NATURAL in the race, “allowed his mount to shift outwards checking BON SHOVI (J J Fawcett) passing the 140 metres.”
Mr Beeharry was present at the hearing of the Information and he indicated that he admitted the breach.
Mr Beeharry was assisted at the hearing by Apprentice Jockey Mentor, Mr DM Walsh. Also present at the hearing was Mr HB Tapper, Licensed Trainer (Class A).
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Mr McLaughlin had Stipendiary Steward, Mr MR Davidson, show the incident on video replays. He pointed out SO NATURAL, ridden by Mr Beeharry, and BON SHOVI, ridden by Miss Fawcett. The former was improving against the rail passing the 200 metres with the latter on its outside. Mr Davidson said that Mr Beeharry had decided to come out and Miss Fawcett’s mount was taken off its line. Miss Fawcett has had to “steer away” to avoid the heels of Mr Beeharry’s mount. The head of Mr Beeharry’s mount was angled out and it was no more than 1¼ lengths clear of Miss Fawcett. The move was “just a bit sharp”, Mr Davidson submitted.
Mr Walsh submitted that the head-on and side-on angles showed quite different views of the incident. From the head-on angle, there appeared to be contact, but there was none, he said. Mr Davidson confirmed that Miss Fawcett had said there was no contact. Miss Fawcett’s mount was stopping but Mr Beeharry had come out a little bit sharp and this had caused the problem, Mr Walsh said.
Mr McLaughlin, asked by the Committee, said that the breach was low-end.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Beeharry having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin told the Committee that Mr Beeharry’s record showed two suspensions in the past 12 months – on 31 March 2018 at Riverton (mid-range, 8 days) and on 6 November 2018 at Otago (low-range, 5 days). Mr McLaughlin submitted that a suspension of 6 days or thereabouts was appropriate.
Mr Walsh said that Mr Beeharry wished to have a deferment to enable him to fulfil engagements at Central Otago RC on 3 January 2019.
Mr Walsh submitted that Mr Beeharry’s record of two suspensions in 12 months is a “pretty good” one. He also referred to the low-end nature of the breach and Mr Beeharry’s admission and submitted that a “minimum penalty” would be appropriate.
Mr Beeharry said that he has had 157 career rides, the majority of them quite recently.
reasonsforpenalty:
The Committee agreed with Mr McLaughlin that the breach is at the low-end of the scale. Therefore, the Committee adopted the starting point for a low-end breach of the Rule of a 6-day suspension as per the Penalty Guide. Mr Beeharry’s record we have treated a being a neutral factor. It is not a bad record – this is only the second breach in the last 9 months – considering the number of rides that Mr Beeharry has had in that period.
A mitigating factor is Mr Beeharry’s admission of the breach and, for that factor, we have allowed him a discount of 1 day from the starting point of 6 days.
penalty:
The Committee granted Mr Beeharry’s application for a deferment, it being satisfied that he has riding engagements at the meeting of Central Otago RC on 3 January 2019.
Mr Beeharry’s Apprentice Jockey’s Licence (Class B) is suspended for a period from after the conclusion of racing on 3 January 2019, up to and including 10 January 2019 – 5 national riding days.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr JM McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr RD Beeharry - Licensed Apprentice Jockey (Class B)
Otherperson: Mr DM Walsh - Apprentice Jockey Mentor, Mr HB Tapper - Licensed Trainer (Class A, Mr MR Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 06afe0018b412e2c161328d4c7357bd9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8b5a1e4441128c970ee39bb179e7b7b8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2018
meet_title: South Canterbury RC - 28 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: South Canterbury RC