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02 Aug 2020
Racing-Te-Aroha - R8

R Te Aroha 2 August 2020 – R 8 – Chair, Mr G Jones

Created on 03 August 2020

Committee:
GJones (chair)
Name(s):
Mr R Beemud (Apprentice rider of MAKABAR)
Mr B Jones - Stipendiary Steward
Mr N Harris - Northern Rider Mentor
Informant
A Coles - Stipendiary Steward
Information Number
A13812 (whip) and A13813 (careless)
Plea:
Admitted
Charge:
Careless riding and Excessive use of whip
Evidence:

These two charges arise from the running of Race 8, the Te Aroha Veterinary Services 1400. Stipendiary Steward Mr Coles filed the two Information’s pursuant to Rules 638 (1)(d) and 638(3)(b)(ii) alleging the rider of MAKABAR (Mr Beemud) rode carelessly and used his whip excessively. The particulars of the charges are:

Information number A13812 alleged that Mr Beemud used his whip excessively when riding MAKABAR prior to the 100 metres.

Information A13813 alleged that Mr Beemud allowed his mount MAKABAR to shift in when not sufficiently clear of DRAIOCHTA, CALL ME BOB, BALIOS which were crowded and hampered and SPEECHMAKER was checked, near the 1300 metres.

Mr Beemud acknowledged that he understood the Rules and confirmed his admission of both breaches. He was assisted at the hearing by the Northern Rider Mentor Mr N Harris.

Rule 638(3)(b)(ii) provides:

A Rider shall not strike a horse with a whip in a manner or to an extent which is:

(i) unnecessary, or

(ii) excessive, or

(iii) improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:

Flat Races

Prior to the 100-metre mark in a race, official trial or jump out:

(i) The whip should not be used on more than 5 occasions.

(ii) The whip should not be used in consecutive strides.

(iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.

In the final 100 metres, the whip may be used at the Rider’s discretion.

Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:

(i) when a horse is out of contention.

(ii) when a horse is showing no response.

(iii) when a horse has no reasonable prospect of improving or losing its position.

(iv) when a horse is clearly winning.

(v) after passing the winning post.

(vi) using the whip with the arm above shoulder height.

(vii) causing injury to the horse.

Rule 638(1) (d) provides:

A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

For expediency and due to the fact that both charges arise from the same race and the same horse and rider the Committee deemed it appropriate to hear both charges together; albeit separate consideration was given to each charge when assessing penalty.

Information A13813

Using the available video footage Stipendiary Steward Mr B Jones demonstrated the incident and identified all horses and riders concerned. He told the Committee that shortly after the start of the 1400 metre race, near the 1300 metre mark Mr Beemud angled his mount (MAKABAR) inwards from the outside barrier draw. He said that several horses racing on the inside of MAKABAR were crowded and inconvenienced. He pointed out the respective affected horses who were racing to the inside of MAKABAR, namely, DRAIOCHTA (S Spratt), CALL ME BOB (C Jones), BALIOS (D Johnson) and SPEECHMAKER (S Collett).

Mr Jones said that after leaving the barrier Mr Beemud looked across to his inside, but kept riding forward. He said that he crowded the 3 inside horses with BALIOS being forced in to SPEECHMAKER which was checked. He added that Mr Beemud was no more than half a length clear when crossing.  

In response Mr Beemud used the head on race film to identify that after his inward shift he took corrective action to straighten his mount. This was confirmed by Mr Harris who told the Committee that when MAKABAR drifted in, Mr Beemud’s reaction time was too slow.

Information A13812

Using the race films Mr Jones demonstrated breach in relation to Mr Beemud's whip use. He identified that MAKABAR led the field into the home straight and from that point to the 100-metre mark Mr Beemud struck his mount 9 times. He added that over the concluding 100 metres Mr Beemud did not use his whip at all.

In response Mr Harris said that this was Mr Beemud's second race win and he may have got a bit excited.

Decision:

As Mr Beemud admitted the breaches the Committee found the two charges proved.

Submission For Penalty:

Careless riding

Mr Coles produced Beemud's riding record which indicated 1 previous breach under the careless riding Rule in the last 12 months. This occurred on 14 December 2019 at Waikato and resulted in a 7-day suspension.

Mr Coles said Stewards assessed the level of carelessness low to mid-range and said that in assessing penalty Mr Beemud ought to be given credit for his admission of the breach and his relatively good riding record. He added that when contacted BALIOS overreacted resulting in the check to SPEECHMAKER.  He submitted that a suspension commensurate with a low to mid-range breach would be appropriate under the circumstances.

In response Mr Beemud sought a 7-day deferment to any proposed suspension.  Mr Harris submitted that Mr Beemud is an inexperienced rider having had 45 career rides to date, with 34 of those rides being during this current season. He added that he will take some learnings from this experience.

Whip use

In relation to the whip breach Mr Coles said that Mr Beemud had a clear record under this Rule. He submitted a that penalty of $300 would be appropriate.

Mr Harris submitted that he will provide Mr Beemud with tuition regarding whip use at the next Apprentice School. 

Reasons For Penalty:

Careless riding

After considering the submissions and the race films the Committee determined Mr Beemud's carelessness to be low to mid-range and adopted a 7-day starting point. This is in in conformity with the Penalty Guide for Judicial Committees which recommends starting points for low, mid and high range carelessness as 6, 8 and 10 (national) days respectively.

The race films clearly show that although Mr Beemud's carelessness was in the low to mid-range there were some significant consequences to the four affected runners. Due to Mr Beemud's actions each of those runners’ chances of finishing in a better placing were impacted upon to varying degrees. On that basis these consequences were treated as an aggravating factor and a 1-day penalty uplift was applied to the starting point.

The mitigating factors that were considered included Mr Beemud's admission of the breach and his good riding record. For those combined reasons the Committee afforded him a 1-day reduction.

After taking into account all the above factors the Committee considered that an appropriate period suspension to be 7 national days.

Excessive use of whip

The JCA Penalty Guide starting point for a 1st breach of the whip rule is a $300 fine. This fine is inclusive of admission of the breach and a clear record. This was adopted as the starting point.

The Committee considered all the evidence and submissions and took particular note of the number and frequency of strikes as well as the force used. In that regard 9 strikes was confirmed and it was noted that, for the most part, the strikes were not forceful nor were they continuous. The Committee also noted that MAKABAR ran about over the concluding stages of the race and in the final 100 metres Mr Beemud did not use his whip.  MAKABAR won the race.  

Taking into account all of the circumstances the Committee deemed a $300 fine appropriate on this occasion.

Penalty:

In relation to the careless riding charge Mr Beemud is granted a 7-day deferment and his licence to ride in races is suspended for a period of 7 (national) days commencing after racing on 8 August 2020 and concluding after racing on 26 August 2020.

A $300 fine is imposed in relation to the whip breach. 

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