Canterbury JC 26 January 2019 – R 7 – Chair, Mr S Ching
ID: JCA15251
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 26 January 2019
Meet Chair:
SChing
Meet Committee Member 1:
HWeston
Race Date:
2019/01/26
Race Number:
R7
Decision:
As Mr Beeharry had admitted the breach, the charge was found proved.
Penalty:
Mr Beeharry’s Class B Jockeys licence is suspended from the conclusion of racing 2 February up to and including 13 February 2019.
Facts:
Following the running of Race 7, the Christchurch Casino Dunedin Gold Cup Trial, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider Mr R Beeharry, alleging careless riding in that he allowed his mount, FIVE KINGS, to shift out when insufficiently clear, crowding and checking PICKUP, ridden by Mr L Callaway, approaching the 300m.
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 D Walsh, NZTR Apprentice Mentor, assisted Mr Beeharry at the hearing.
Mr McLaughlin gave evidence and used video coverage, with the assistance of Stipendiary Steward, M Davidson, to show that nearing the 300m, FIVE KINGS, ridden by Mr Beeharry, was racing in the lead position approximately 2.5 horses off the rail, with PICKUP, ridden by Mr Callaway, racing slightly behind and to the outside of FIVE KINGS. Mr Davidson pointed out Mr Beeharry, after entering the straight, shift outwards approximately 2 horse widths, when under a ride, and in doing so shifted out into the rightful line of Mr Callaway who was put into restricted room, and had to steady for about 4 strides.
Mr Davidson stated that Mr Beeharry straightened his mount as soon as he realised he was shifting ground into Mr Callaway’s line but this was too late.
Mr Beeharry said he heard Mr Callaway call, but it was too late by the time he stopped riding and straightened his mount.
Mr Walsh said that FIVE KINGS was not an easy horse to ride and today found himself in the unusual position of leader where he normally races towards the rear of the field. He said that threw Mr Beeharry. He added that the gap in front of Mr Callaway did not close completely and Mr Beeharry stopped riding and straightened his mount as soon as he realised Mr Callaway was there.
Submissions for Penalty:
Mr McLaughlin stated that Mr Beeharry’s record showed 3 previous breaches being Riverton on 31 March 2018 where he received an 8-day suspension for a mid to high breach, Otago on 6 November where he received a 5-day suspension for a low range breach and 28 December at Timaru where a 5-day suspension was imposed for a low range breach. He said the Stewards believed this breach to be low-range and that a suspension of 6 National Days be considered as penalty.
Mr Walsh agreed with the Stewards that the breach was low-range and submitted that although Mr Beeharry had 2 previous in the past 2 months, they were both low range. He added that Mr Beeharry’s frank admission should be taken into consideration when assessing penalty.
Mr Beeharry’s requested a deferment of suspension until after racing at Otago on 2 February where he had riding commitments.
Reasons for Penalty:
The JCA Penalty Guide provides a 6 National day starting point for a low-range breach of this rule. We agreed with Mr McLaughlin’s assessment of the breach being low-range. Mr Beeharry’s record showed a breach in March 2018 for a mid to high level charge, and breaches in November and December 2018, both being low end with 5 days suspension being imposed on each occasion. Mr Beeharry’s breach in March 2018 was 10 months prior and this Committee determined that this breach could be treated as a neutral factor. Adopting the 6 National Day starting point we determined that there was an aggravating factor to consider, being Mr Beeharry’s breaches for low range offences in November and December 2018. We determined that this warranted an uplift in penalty which we set at 1 day. The mitigating factor is Mr Beeharry’s frank admission of the breach which warrants a discount. This discount we set at 1 day. We therefore determined that a 6 National Day suspension was an appropriate penalty in this case.
Mr Beeharry’s request for deferment until after racing at Otago on 2 February was granted.
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: 7b629a1e1ccbd744fa7de2b4caea018e
informantnumber: A5428
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 28/01/2019
hearing_title: Canterbury JC 26 January 2019 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Christchurch Casino Dunedin Gold Cup Trial, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider Mr R Beeharry, alleging careless riding in that he allowed his mount, FIVE KINGS, to shift out when insufficiently clear, crowding and checking PICKUP, ridden by Mr L Callaway, approaching the 300m.
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 D Walsh, NZTR Apprentice Mentor, assisted Mr Beeharry at the hearing.
Mr McLaughlin gave evidence and used video coverage, with the assistance of Stipendiary Steward, M Davidson, to show that nearing the 300m, FIVE KINGS, ridden by Mr Beeharry, was racing in the lead position approximately 2.5 horses off the rail, with PICKUP, ridden by Mr Callaway, racing slightly behind and to the outside of FIVE KINGS. Mr Davidson pointed out Mr Beeharry, after entering the straight, shift outwards approximately 2 horse widths, when under a ride, and in doing so shifted out into the rightful line of Mr Callaway who was put into restricted room, and had to steady for about 4 strides.
Mr Davidson stated that Mr Beeharry straightened his mount as soon as he realised he was shifting ground into Mr Callaway’s line but this was too late.
Mr Beeharry said he heard Mr Callaway call, but it was too late by the time he stopped riding and straightened his mount.
Mr Walsh said that FIVE KINGS was not an easy horse to ride and today found himself in the unusual position of leader where he normally races towards the rear of the field. He said that threw Mr Beeharry. He added that the gap in front of Mr Callaway did not close completely and Mr Beeharry stopped riding and straightened his mount as soon as he realised Mr Callaway was there.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Beeharry had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mr Beeharry’s record showed 3 previous breaches being Riverton on 31 March 2018 where he received an 8-day suspension for a mid to high breach, Otago on 6 November where he received a 5-day suspension for a low range breach and 28 December at Timaru where a 5-day suspension was imposed for a low range breach. He said the Stewards believed this breach to be low-range and that a suspension of 6 National Days be considered as penalty.
Mr Walsh agreed with the Stewards that the breach was low-range and submitted that although Mr Beeharry had 2 previous in the past 2 months, they were both low range. He added that Mr Beeharry’s frank admission should be taken into consideration when assessing penalty.
Mr Beeharry’s requested a deferment of suspension until after racing at Otago on 2 February where he had riding commitments.
reasonsforpenalty:
The JCA Penalty Guide provides a 6 National day starting point for a low-range breach of this rule. We agreed with Mr McLaughlin’s assessment of the breach being low-range. Mr Beeharry’s record showed a breach in March 2018 for a mid to high level charge, and breaches in November and December 2018, both being low end with 5 days suspension being imposed on each occasion. Mr Beeharry’s breach in March 2018 was 10 months prior and this Committee determined that this breach could be treated as a neutral factor. Adopting the 6 National Day starting point we determined that there was an aggravating factor to consider, being Mr Beeharry’s breaches for low range offences in November and December 2018. We determined that this warranted an uplift in penalty which we set at 1 day. The mitigating factor is Mr Beeharry’s frank admission of the breach which warrants a discount. This discount we set at 1 day. We therefore determined that a 6 National Day suspension was an appropriate penalty in this case.
Mr Beeharry’s request for deferment until after racing at Otago on 2 February was granted.
penalty:
Mr Beeharry’s Class B Jockeys licence is suspended from the conclusion of racing 2 February up to and including 13 February 2019.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J McLaughlin- Stipendiary Steward
JockeysandTrainer: R Beeharry-Class B Rider
Otherperson: D Walsh NZTR Apprentice Jockey Mentor, Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: bfb241e8a2599ff050ec0d6161d1921f
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race_emailed2: 0
race_title: R7
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meetid: f0c27feee96d7c4d1d2f4dcf75206496
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meetdate: 26/01/2019
meet_title: Canterbury Racing - 26 January 2019
meet_expappcomment:
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meet_racingtype: thoroughbred-racing
meet_chair: SChing
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name: Canterbury Racing