South Canterbury RC 28 December 2016 – R 4 – Chair, Mr R McKenzie
ID: JCA13207
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 28 December 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2016/12/28
Race Number:
R4
Decision:
Mr Bothamley having admitted the breach, the charge was found proved.
Penalty:
Mr Bothamley’s Jockey’s Licence (Class A) is suspended from after the close of racing on 3 January 2017 up to an including 5 January 2017 – 1 day, being the meeting of Reefton JC on 5 January 2017.
Facts:
Information No. A8107, filed by Stipendiary Steward, Mr JM McLaughlin, alleged that Licensed Jockey (Class A), Mr DR Bothamley committed a breach of Rule 330 (3) (c) in that he “failed to make the contract weight for TIMY TYLER in Race 4”.
Mr Bothamley was present at the hearing of the information and he indicated that he admitted the breach.
Rule 330 provides as follows:
(3) A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry.
Mr McLaughlin explained to the Committee that Mr Bothamley had failed to make the carded weight of 56.5kg for TIMY TYLER for Race 4 at today’s meeting. He had been at least 1kg over that weight when recently weighed. Mr Bothamley had failed to make the weight for his four rides at Wingatui on 26 December but he had told Mr McLaughlin that, with the extra time, he felt he could get down to the 56.5 to take his ride on TIMY TYLER.
Mr Bothamley had been working hard to get his weight down for his ride on TIMY TYLER, Mr McLaughlin said.
Mr Bothamley told the Committee that he had been having weight issues for some time.
Submissions for Penalty:
Mr McLaughlin reminded the Committee that Mr Bothamley had been fined the sum of $100 for a breach of the Rule at Wingatui on 26 December 2016, just two days ago, following an earlier hearing at today’s meeting.
Mr McLaughlin submitted that a fine of $200 would have been appropriate, that being the penalty for a second breach of the Rule as prescribed under the Minor Infringement System Penalty Table in the Fourth Appendix to the Rules. However, Mr Bothamley had requested that he be served with an information, as he wished to seek from the Committee a suspension rather than a fine. Based on an estimate of the number of rides that Mr Bothamley has on a raceday, a $200 fine would equate to a 1-day suspension, Mr McLaughlin submitted.
Mr Bothamley said that he had riding engagements at the meeting of Central Otago RC on 3 January and, accordingly, he sought a deferment under Rule 1106 (2) (b) until after that date. He said that he regularly rides on the West Coast circuit which commences with the meeting of Reefton JC on 5 January 2017. Mr McLaughlin confirmed that Mr Bothamley does ride on that circuit.
Mr Bothamley said that he is taking steps to control his weight.
Reasons for Penalty:
The Committee accepted Mr McLaughlin’s submission regarding penalty. It would have been appropriate, in the circumstances, to impose a fine in line with the penalty under the Minor Infringement System Penalty Table – that is to say a fine of $200 for a 2nd offence. We further accepted that this would be the equivalent of a 1-day suspension for Mr Bothamley. The Committee granted Mr Bothamley’s request for a deferment of the commencement of his suspension.
Decision Date: 02/01/2017
Publish Date: 02/01/2017
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 529ed01e04d099743bc436d0d961dfef
informantnumber: A7782
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failing to Make Weight
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2017
hearing_title: South Canterbury RC 28 December 2016 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Information No. A8107, filed by Stipendiary Steward, Mr JM McLaughlin, alleged that Licensed Jockey (Class A), Mr DR Bothamley committed a breach of Rule 330 (3) (c) in that he “failed to make the contract weight for TIMY TYLER in Race 4”.
Mr Bothamley was present at the hearing of the information and he indicated that he admitted the breach.
Rule 330 provides as follows:
(3) A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry.
Mr McLaughlin explained to the Committee that Mr Bothamley had failed to make the carded weight of 56.5kg for TIMY TYLER for Race 4 at today’s meeting. He had been at least 1kg over that weight when recently weighed. Mr Bothamley had failed to make the weight for his four rides at Wingatui on 26 December but he had told Mr McLaughlin that, with the extra time, he felt he could get down to the 56.5 to take his ride on TIMY TYLER.
Mr Bothamley had been working hard to get his weight down for his ride on TIMY TYLER, Mr McLaughlin said.
Mr Bothamley told the Committee that he had been having weight issues for some time.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Bothamley having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin reminded the Committee that Mr Bothamley had been fined the sum of $100 for a breach of the Rule at Wingatui on 26 December 2016, just two days ago, following an earlier hearing at today’s meeting.
Mr McLaughlin submitted that a fine of $200 would have been appropriate, that being the penalty for a second breach of the Rule as prescribed under the Minor Infringement System Penalty Table in the Fourth Appendix to the Rules. However, Mr Bothamley had requested that he be served with an information, as he wished to seek from the Committee a suspension rather than a fine. Based on an estimate of the number of rides that Mr Bothamley has on a raceday, a $200 fine would equate to a 1-day suspension, Mr McLaughlin submitted.
Mr Bothamley said that he had riding engagements at the meeting of Central Otago RC on 3 January and, accordingly, he sought a deferment under Rule 1106 (2) (b) until after that date. He said that he regularly rides on the West Coast circuit which commences with the meeting of Reefton JC on 5 January 2017. Mr McLaughlin confirmed that Mr Bothamley does ride on that circuit.
Mr Bothamley said that he is taking steps to control his weight.
reasonsforpenalty:
The Committee accepted Mr McLaughlin’s submission regarding penalty. It would have been appropriate, in the circumstances, to impose a fine in line with the penalty under the Minor Infringement System Penalty Table – that is to say a fine of $200 for a 2nd offence. We further accepted that this would be the equivalent of a 1-day suspension for Mr Bothamley. The Committee granted Mr Bothamley’s request for a deferment of the commencement of his suspension.
penalty:
Mr Bothamley’s Jockey’s Licence (Class A) is suspended from after the close of racing on 3 January 2017 up to an including 5 January 2017 – 1 day, being the meeting of Reefton JC on 5 January 2017.
hearing_type: Hearing
Rules: 330(3)(C)
Informant: Mr JM McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr DR Bothamley - Licensed Jockey (Class A)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6fef776683d5c7250bf684a531bc8208
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 81ee5a2310d0c30d1c82b1afde7e539a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2016
meet_title: South Canterbury RC - 28 December 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: South Canterbury RC