Amberley RC 25 June 2022 – R3 – Rahul Beeharry

SUMMARY OF FACTS

Following the running of Race 3, the Respondent Mr Rahul Beeharry, admitted a charge alleging excessive whip use by use of his whip in a consecutive manner in the concluding stages of the race.

Rule 638(3)(g)(ii) provides that in a Flat Race a Rider must not:

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the available race films Mr Oatham demonstrated that the Respondent struck his mount consecutively five times in the final 50 metres of the race.

In response, Respondent, Mr Beeharry said he had been trying to keep his horse straight, he said as he approached the final stages his horse was trying to move outwards. He said after hitting the horse once the horse began to fight back. He said he then forgot about the Rule and continued to strike the horse.

Decision

As the Respondent, Mr Beeharry admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Oatham produced Mr Beeharry’s record which indicated no previous breaches of this Rule.

Mr Oatham submitted this was a blatant breach of the Rule and a severely aggravating factor was that Mr Beeharry won the race. In reference to the Penalty Guide, Mr Oatham sought an uplift on the 5 day starting point to take into account that Mr Beeharry won the race.

The Respondent, Mr Beeharry did not make any penalty submissions but sought a deferment until after racing on 3 July 2022.

Reasons For Penalty

The Penalty Guideline starting point for a breach of this nature is set out below.

1st Offence with 4 or more Consecutive Strides is a Suspension of 5 National Days

After considering the race films and the submissions of the parties, the Adjudicative Committee finds that there is a need to uplift the starting point in this case to reflect the aggravating factor that Mr Beeharry won the race. The Adjudicative Committee agree that this was a blatant breach of the Rule. That uplift is set at 2 days.

On that basis, Mr Beeharry is suspended for 7 days. His application for a deferment is granted. His suspension is to commence at the close of racing on 3 July 2022 through until the close of racing 15 July 2022 at Riccarton.

Conclusion

Respondent Rahul Beeharry is suspended for 7 days.