Ashburton RC 3 April 2025 – R2 – Rahul Beeharry

Evidence

Following the running of Race 2, the Respondent Class A Rider, Rahul Beeharry admitted a charge under Rule 638(3)(f)(x) “in that he struck his mount WINTER BLAZE on the flank with his whip in the final straight.”

Rule 638(3)(f)(x) provides that in a Flat Race a Rider must not:

(f) Without limiting the generality of subrule 638(3)(e), in a Flat Race or Jumping Race, a Trial (including jump-outs and/or tests for certification purposes) a Rider must not use his or her whip:
(x) on the flank of the Rider’s horse;

Using the available race films, Stipendiary Steward Veronica Algar showed the relevant replays of the incident. She pointed out Mr Beeharry riding WINTER BLAZE when in front, towards the outside of the track and racing very greenly. Ms Algar showed Mr Beeharry use his whip on four occasions, with the whip clearly striking the horse’s flank over the concluding stages of the race.

Mr Beeharry stated that WINTER BLAZE was in contention and in the lead, but racing very greenly and heading to the outside of the track. He said he was only using the whip to try and straighten his mount up. He added he was not intending to hit the horse in the flank, but the horse’s behavior did not help the situation.

Decision

As Mr Beeharry admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions for Penalty

Ms Algar produced Mr Beeharry’s record under this Rule, which was clear of breaches under this particular Rule.

Ms Algar stated the Penalty Guide for using the whip on the flank, which was a new Rule introduced in February 2025, did not provide a starting point, but instead a first breach penalty, was fact dependent.

She submitted that a starting point of a $300 fine for a first breach could be considered and that factors to consider were the fact that Mr Beeharry had gone on to win the race.

Mr Beeharry stated that a fine of $300 was excessive and asked for a discount on that amount.

Reasons for Penalty

The Penalty Guide does not provide a starting point for a breach of this particular Rule, but guides penalty to be fact dependent.

After consideration, a starting point of $300 was adopted as a starting point.

This Adjudicative Committee determined there were aggravating factors to consider, being the fact that Mr Beeharry had gone on to win the race and the number of flank strikes, being 4, warranted a combined uplift in penalty, which was set at $100.

It was therefore determined, that an appropriate penalty in this case was a $400 fine.

Conclusion

Mr Beeharry is fined the sum of $400.