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Waikato RC 14 December 2019 – R 3 – Chair, Mr B J Scott

ID: JCA15733

Applicant:
J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr R Beemud - Apprentice Jockey

Other Person:
Mr N Harris (Apprentice Jockey Mentor), Mr B Jones - Stipendiary Steward

Information Number:
A12905

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 14 December 2019

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2019/12/14

Race Number:
R2

Decision:

The charge is upheld.

Penalty:

This Committee orders that Mr Beemud's Licence to ride is suspended from after racing at Ellerslie on the 15th of December 2019 to after racing on the 26th of December 2019 being 7 National Riding days.

Facts:

Following the running of the LOWE SCHOLLUM & JONES PREMIER an Information was lodged by Chief Stipendiary Steward Mr J Oatham against Class B Rider Mr R Beemud alleging that Mr Beemud as the rider of MALAMBO allowed his mount to shift in near the 250 metres mark when not sufficienty clear of CYBER ATTACK (Rider J Waddell) which was checked.

Rule 638(1)(d) provides : A rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Beemud was present at the Hearing and he confirmed his admission of the breach. Mr Beemud was supported by Apprentice Jockey Mentor Mr NG Harris.

Stipendiary Steward Mr B Jones demonstrated the incident by use of the race films. He showed where after the horses had turned into the home straight MALAMBO was leading and CYBER ATTACK was behind it. Mr Beemud allowed his horse to run one and a half horse widths out from the inside rail and this presented a gap for CYBER ATTACK to run into. Mr Waddell moved his horse into the gap but when he did so Mr Beemud when riding his horse forward moved in and checked CYBER ATTACK and Mr Waddell had to restrain his mount quite severely. Mr Jones stated that Mr Beemud was a bare length or even less than that when he moved in. Mr Waddell then sat up on his mount because its chances had effectively been extinguished.

Mr Harris on behalf of Mr Beemud said that he should never have left the fence. He said there was room for Mr Waddell to move into the gap and that Mr Meemud made a mistake when using his whip when his horse was moving in.

When asked by the Committee Mr Beemud confirmed that Mr Waddell had called out to him as he was moving in.

Mr Jones said that Mr Beemud was barely a length clear of CYBER ATTACK and that he should not have moved in and by doing so he caused the interference.

Mr Harris said that if Mr Beemud had stayed on the rails the incident would not have occurred. He also said that by pulling out Mr Waddell was being cautious but that he did not need to pull back so far. He further said that when he realised what was happening Mr Beemud immediately stopped using his whip.

The Committee reviewed the films and the submissions made by the parties. The films are very clear and show the incident very well. Mr Beemud in moving off the rail has left ample room for Mr Waddell to move his horse forward. When he did so Mr Beemud began moving in even though he was not sufficiently clear and he continued to use his whip even though his horse was moving in.

Mr Beemud has admitted the breach but on the basis of the film evidence he had no other option.

Submissions for Penalty:

Mr Oatham said that Mr Beemud is an inexperienced Apprentice and this is his 20th ride. He said that he had a clear record and he has admitted the breach. These are mitigating factors.

Mr Oatham further said that the breach was just below the mid-range of seriousness.

Mr Harris endorsed Mr Oatham's submissions. He said that due to his inexperience Mr Beemud did not realise how far he had shifted off the inside rail and he did not realise that there was a horse improving on the inside. He said that he had stopped using his whip when his horse was moving in . Mr Harris spoke further about the actions of Mr Waddell and said that he did not have to restrain his horse as much as he did and by doing so that made the incident look worse.

Mr Beemud was advised that he was entitled to a deferment of his suspension but he told the Committee that he wanted it to start straight away. The Committee also advised him that tomorrow's meeting at Ellerslie would not be taken into account because riders had already been declared for that meeting.

Reasons for Penalty:

We have assessed this incident as being in the mid range of seriousness because there was a sharp movement inwards by Mr Beemud and as a result the chances of CYBER ATTACK were effectively extinguished. When reviewing the films we noted that CYBER ATTACK which had been racing mid field and had made a sustained run challenging for the lead was taken out of the race as a result of the interference. That, in our view, is a significant aggravating factor . Mr Harris has made some issue over Mr Waddell's actions in restraining his horse but in our view after his horse had its chances extinguished the subsequent actions of Mr Waddell are completely irrelevant as far as this charge is concerned.

We also noted that even though his horse was moving inwards Mr Beemud still used his whip and when he stopped the damage had already been done. That also is an aggravating factor.

We have therefore adopted 8 National Riding days as a starting point penalty and we have reduced that by 2 days after giving Mr Beemud credit for the mitigating factors which are his inexperience , his clear record and his admission of the breach.

This brings the penalty to 6 days to which we have added one day for the aggravating factors set out above. The appropriate penalty is therefore one of suspension for 7 National Riding 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: c92f1ed25bccd41de082d0970d04afa4


informantnumber: A12905


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 17/12/2019


hearing_title: Waikato RC 14 December 2019 - R 3 - Chair, Mr B J Scott


charge:


facts:

Following the running of the LOWE SCHOLLUM & JONES PREMIER an Information was lodged by Chief Stipendiary Steward Mr J Oatham against Class B Rider Mr R Beemud alleging that Mr Beemud as the rider of MALAMBO allowed his mount to shift in near the 250 metres mark when not sufficienty clear of CYBER ATTACK (Rider J Waddell) which was checked.

Rule 638(1)(d) provides : A rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Beemud was present at the Hearing and he confirmed his admission of the breach. Mr Beemud was supported by Apprentice Jockey Mentor Mr NG Harris.

Stipendiary Steward Mr B Jones demonstrated the incident by use of the race films. He showed where after the horses had turned into the home straight MALAMBO was leading and CYBER ATTACK was behind it. Mr Beemud allowed his horse to run one and a half horse widths out from the inside rail and this presented a gap for CYBER ATTACK to run into. Mr Waddell moved his horse into the gap but when he did so Mr Beemud when riding his horse forward moved in and checked CYBER ATTACK and Mr Waddell had to restrain his mount quite severely. Mr Jones stated that Mr Beemud was a bare length or even less than that when he moved in. Mr Waddell then sat up on his mount because its chances had effectively been extinguished.

Mr Harris on behalf of Mr Beemud said that he should never have left the fence. He said there was room for Mr Waddell to move into the gap and that Mr Meemud made a mistake when using his whip when his horse was moving in.

When asked by the Committee Mr Beemud confirmed that Mr Waddell had called out to him as he was moving in.

Mr Jones said that Mr Beemud was barely a length clear of CYBER ATTACK and that he should not have moved in and by doing so he caused the interference.

Mr Harris said that if Mr Beemud had stayed on the rails the incident would not have occurred. He also said that by pulling out Mr Waddell was being cautious but that he did not need to pull back so far. He further said that when he realised what was happening Mr Beemud immediately stopped using his whip.

The Committee reviewed the films and the submissions made by the parties. The films are very clear and show the incident very well. Mr Beemud in moving off the rail has left ample room for Mr Waddell to move his horse forward. When he did so Mr Beemud began moving in even though he was not sufficiently clear and he continued to use his whip even though his horse was moving in.

Mr Beemud has admitted the breach but on the basis of the film evidence he had no other option.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The charge is upheld.


sumissionsforpenalty:

Mr Oatham said that Mr Beemud is an inexperienced Apprentice and this is his 20th ride. He said that he had a clear record and he has admitted the breach. These are mitigating factors.

Mr Oatham further said that the breach was just below the mid-range of seriousness.

Mr Harris endorsed Mr Oatham's submissions. He said that due to his inexperience Mr Beemud did not realise how far he had shifted off the inside rail and he did not realise that there was a horse improving on the inside. He said that he had stopped using his whip when his horse was moving in . Mr Harris spoke further about the actions of Mr Waddell and said that he did not have to restrain his horse as much as he did and by doing so that made the incident look worse.

Mr Beemud was advised that he was entitled to a deferment of his suspension but he told the Committee that he wanted it to start straight away. The Committee also advised him that tomorrow's meeting at Ellerslie would not be taken into account because riders had already been declared for that meeting.


reasonsforpenalty:

We have assessed this incident as being in the mid range of seriousness because there was a sharp movement inwards by Mr Beemud and as a result the chances of CYBER ATTACK were effectively extinguished. When reviewing the films we noted that CYBER ATTACK which had been racing mid field and had made a sustained run challenging for the lead was taken out of the race as a result of the interference. That, in our view, is a significant aggravating factor . Mr Harris has made some issue over Mr Waddell's actions in restraining his horse but in our view after his horse had its chances extinguished the subsequent actions of Mr Waddell are completely irrelevant as far as this charge is concerned.

We also noted that even though his horse was moving inwards Mr Beemud still used his whip and when he stopped the damage had already been done. That also is an aggravating factor.

We have therefore adopted 8 National Riding days as a starting point penalty and we have reduced that by 2 days after giving Mr Beemud credit for the mitigating factors which are his inexperience , his clear record and his admission of the breach.

This brings the penalty to 6 days to which we have added one day for the aggravating factors set out above. The appropriate penalty is therefore one of suspension for 7 National Riding days.


penalty:

This Committee orders that Mr Beemud's Licence to ride is suspended from after racing at Ellerslie on the 15th of December 2019 to after racing on the 26th of December 2019 being 7 National Riding days.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr R Beemud - Apprentice Jockey


Otherperson: Mr N Harris (Apprentice Jockey Mentor), Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 6375cb4db15a1137c7e6359022afc669


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


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race_pm1:


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meetid: 40d6a5013d718a00eb127a9f452ea5d3


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meet_noreport: 0


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meetdate: 14/12/2019


meet_title: Waikato RC - 14 December 2019


meet_expappcomment:


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tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Waikato RC