Archive Decision

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Otago RC 23 August 2019 – R 4 – Chair, Prof G Hall

ID: JCA13369

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr R Beeharry - Class B Jockey

Other Person:
Mr J Laking - Class A Jockey assisting Mr Beeharry, Mr J Oatham - Chief Stipendiary Steward

Information Number:
A9098

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Oamaru JC - 23 August 2019

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2019/08/23

Race Number:
R 4

Decision:

As Mr Beeharry has admitted the breach it found to be proved.

Penalty:

Mr Beeharry is suspended after racing on 30 August up to and including 7 September 2019.

Facts:

Mr Davidson alleged that Mr Beeharry (REGENT STREET) in race 4, the KB CONTRACTING 1200m, allowed his mount to shift outwards when insufficiently clear of CAMPO (J Lowry) which was hampered and forced outwards onto MELBOURNE BORN, which was crowded and checked near the 200 metres.

Mr Oatham, Chief Stipendiary Steward, demonstrated on the films that at the top of the home straight Mr Beeharry was racing towards the rear of the field with Mr Lowry to his outside. Mr Beeharry’s horse was travelling well and he was held up and was looking for a run. Mr Oatham demonstrated that Mr Beeharry then pointed the head of his horse outwards before shifting outwards and into the line of Mr Lowry. He was not his length and another clear. Mr Oatham pointed out that although there did not appear to be contact with Mr Lowry, Mr Lowry had been forced wider and he made slight contact with the horse to his outside.

Mr Laking said Mr Beeharry was inexperienced and a more experienced jockey would have sat and waited. He said Mr Moseley had shifted ground as well and this had not helped Mr Beeharry, whose horse was going better than anything else.

Mr Oatham replied that the Stewards accepted there was some mitigation for Mr Beeharry in the fact that Mr Moseley had shifted but it was Mr Beeharry’s coming out that had created space for Mr Moseley.

Submissions for Penalty:

Mr Davidson produced the respondent’s record which evidenced 3 previous breaches of the careless riding rule. These were: 6 November 2018, 26 December 2018 and 25 January 2019. He said the respondent’s record was clear for the past 7 months.

Mr Davidson said the Stewards believed that the breach was low range, but that said, Mr Beeharry was coming out no matter what.

Mr Laking said he accepted Mr Davidson’s assessment of the breach as being low range.

Mr Beeharry asked for a deferment until after Ashburton on 30 August. Mr Davidson did not object to this.

Reasons for Penalty:

Mr Beeharry has shifted outwards at about the 200 metres looking for a run, when not clear, and has come into Mr Lowry’s running line. He has forced Mr Lowry to shift wider and as a consequence Mr Lowry has made slight contact with the horse to his outside. As Mr Laking said, Mr Beeharry has come out too quickly and he only needed to wait for a few more strides and he would have had a run.

The starting point in the Penalty Guide, for a low range breach is 6 to 8 days. We take a 7-day starting point as two horses were briefly inconvenienced. We regard the respondent’s record as neutral. He is a fairly busy South Island rider, and he has had 87 rides since his previous breach. We give a 1-day discount for Mr Beeharry’s admission of the breach. The penalty is a 6-day suspension.

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: 69025ed8534237bed0d1088016328441


informantnumber: A9098


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 27/08/2019


hearing_title: Otago RC 23 August 2019 - R 4 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that Mr Beeharry (REGENT STREET) in race 4, the KB CONTRACTING 1200m, allowed his mount to shift outwards when insufficiently clear of CAMPO (J Lowry) which was hampered and forced outwards onto MELBOURNE BORN, which was crowded and checked near the 200 metres.

Mr Oatham, Chief Stipendiary Steward, demonstrated on the films that at the top of the home straight Mr Beeharry was racing towards the rear of the field with Mr Lowry to his outside. Mr Beeharry’s horse was travelling well and he was held up and was looking for a run. Mr Oatham demonstrated that Mr Beeharry then pointed the head of his horse outwards before shifting outwards and into the line of Mr Lowry. He was not his length and another clear. Mr Oatham pointed out that although there did not appear to be contact with Mr Lowry, Mr Lowry had been forced wider and he made slight contact with the horse to his outside.

Mr Laking said Mr Beeharry was inexperienced and a more experienced jockey would have sat and waited. He said Mr Moseley had shifted ground as well and this had not helped Mr Beeharry, whose horse was going better than anything else.

Mr Oatham replied that the Stewards accepted there was some mitigation for Mr Beeharry in the fact that Mr Moseley had shifted but it was Mr Beeharry’s coming out that had created space for Mr Moseley.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Beeharry has admitted the breach it found to be proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record which evidenced 3 previous breaches of the careless riding rule. These were: 6 November 2018, 26 December 2018 and 25 January 2019. He said the respondent’s record was clear for the past 7 months.

Mr Davidson said the Stewards believed that the breach was low range, but that said, Mr Beeharry was coming out no matter what.

Mr Laking said he accepted Mr Davidson’s assessment of the breach as being low range.

Mr Beeharry asked for a deferment until after Ashburton on 30 August. Mr Davidson did not object to this.


reasonsforpenalty:

Mr Beeharry has shifted outwards at about the 200 metres looking for a run, when not clear, and has come into Mr Lowry’s running line. He has forced Mr Lowry to shift wider and as a consequence Mr Lowry has made slight contact with the horse to his outside. As Mr Laking said, Mr Beeharry has come out too quickly and he only needed to wait for a few more strides and he would have had a run.

The starting point in the Penalty Guide, for a low range breach is 6 to 8 days. We take a 7-day starting point as two horses were briefly inconvenienced. We regard the respondent’s record as neutral. He is a fairly busy South Island rider, and he has had 87 rides since his previous breach. We give a 1-day discount for Mr Beeharry’s admission of the breach. The penalty is a 6-day suspension.


penalty:

Mr Beeharry is suspended after racing on 30 August up to and including 7 September 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr R Beeharry - Class B Jockey


Otherperson: Mr J Laking - Class A Jockey assisting Mr Beeharry, Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 214b5c0f59b98df0d7fad1b06cac1c6d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 017616dff3e7ecf8d04da38fc1f63068


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/08/2019


meet_title: Oamaru JC - 23 August 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-jc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Oamaru JC