Ashburton RC 21 December 2022 – R5 – Rahul Beeharry

SUMMARY OF FACTS:

Following the running of Race 5, an Information was filed by Stipendiary Steward, Mr M Davidson, against Mr Rahul Beeharry, alleging careless riding, in that he permitted his mount, CHIPPEWA, to shift outwards near the 300 metres when not sufficiently  clear of IN AWE which was checked and forced onto BELLA ROSE which was hampered.

Rule 638(1)(d) reads as follows;

“(1) A Rider shall not ride a horse in a manner which the Adjudicative 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 acknowledged that he understood the charge and the Rule it was brought under.

SUBMISSIONS:

Mr Davidson, with the assistance of Mr Oatham, used the race films to show Mr Beeharry attempt to shift outwards across heels hampering Mr Callaway’s mount who is checked and forced outwards onto Mr Chowdhoory’s mount.  Mr Oatham said that Mr Beeharry had a brief look, however, when he shifts out he is a bare length, at best, ahead of Mr Callaway. Mr Beeharry is then seen to react to a call and he straightens his mount, however, Mr Oatham said the damage was done at this point.

Mr Beeharry said his horse was hanging but agrees that he should not have shifted outwards and should have kept his horse straight.

DECISION:

As Mr Beeharry had admitted the breach, the charge was found to be proved.

SUBMISSIONS ON PENALTY:

Mr Davidson submitted that Mr Beeharry has had 40 rides in the last 12 months and has one prior breach of this Rule, however, the prior breach was 6 months ago where 5 days was imposed for a low range breach.

Mr Davidson submitted this was a mid to low range breach. In reference to the Penalty Guide Mr Davidson submitted that a starting point of a 6 day suspension was appropriate. Mr Davidson stated that Mr Beeharry should receive credit for his admission of the breach.

Mr Beeharry accepted the Stewards’ submissions on penalty. Mr Beeharry requested a deferment of penalty until after 30 December at Kurow, where he had riding commitments.

REASON FOR PENALTY:

It is agreed that this breach is mid to low range; accordingly the starting point adopted is a 6 day suspension. A discount of 1 day is appropriate to reflect his frank admission of the breach.

A 5 day suspension is the appropriate penalty in this case.

Mr Beeharry’s application for a deferment of penalty until after racing at Kurow on 30 December was granted.

CONCLUSION:

Mr Beeharry is suspended for 5 days from the end of racing on 30 December 2022, up to and including 4 January 2023.