Waimate RC 12 June 2022 – R6 – Rahul Beeharry

SUMMARY OF FACTS

Following the running of Race 6, the Respondent Mr Rahul Beeharry, Rider, admitted a charge alleging excessive whip use prior to the 100 metres.

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

(i) strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins); or

Using the available race films Mr Davidson demonstrated that the Respondent struck his mount 7 times from the straight entrance to the 100-metre mark.

In response, Respondent, Mr Beeharry said he was trying to give his horse the best chance and he could feel it beginning to slow down. He further said he has been off for 8 months as he was out of the Country due to Covid-19. Mr Beeharry also said he was struggling to see the 100 metre mark due to the weather.

Decision

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

Submissions For Penalty

Mr Davidson produced the Respondent Mr Beeharry’s record which indicated no previous breaches.

Stewards submitted a penalty in line with the Penalty Guide was appropriate with consideration to be given to the fact Mr Beeharry won the race.

The Respondent, Mr Beeharry said he would be happy with a warning but accepted that Guide reflects a penalty to this type of breach.

Reasons For Penalty

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

1st Offence with 2 additional strikes a fine of $250 

After considering the race films and the submissions of the parties, there is a compelling reason to depart from the starting point set out in the Penalty Guideline as Mr Beeharry won the race, which is the aggravating factor. Mr Beeharry outlined he used his whip because he wanted to give his horse the best chance and because it was beginning to slow down, therefore this was a deliberate action. Accordingly, an uplift of $50 is appropriate in this case.

On that basis, Mr Beeharry is fined $300.

Conclusion

Respondent Rahul Beeharry is fined $300.