Archive Decision

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Westland RC – 29 March 2009 – Race 4

ID: JCA18697

Hearing Type:
Old Hearing

Rules:
520.4.c

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Westland RC - 29 March 2009

Race Date:
2009/03/29

Race Number:
Race 4

Decision:

As a result of Mr D Bothamley, Licensed Jockey, being unable to make the weight of 55.5 kilogrammes for rides on “Portabella Rose” in Race 4 and “River Bear” in Race 7, he was charged pursuant to Rule 520(4)(c).

--


 



As a result of Mr D Bothamley, Licensed Jockey, being unable to make the weight of 55.5 kilogrammes for rides on “Portabella Rose” in Race 4 and “River Bear” in Race 7, he was charged pursuant to Rule 520(4)(c).

--

The charge was admitted and it is therefore deemed to be proved.

--

THE FACTS
Mr Stewart Ching, Stipendiary Steward, advised the hearing that he received a telephone call at 9 am on the morning of the Westland Racing Club’s meeting on Sunday 29th March, from Mr Bothamley, advising that he was not coming to the meeting because he could not make the weight he had contracted to ride at on the aforementioned horses.

--

In response, Mr Bothamley said that he was in the sauna at 5.30 am that morning, and despite his efforts, he could not get his weight below 56.5 kilogrammes.  He accordingly advised Mr Ching around 9 am of the difficulties that he was facing, and advised Mr Ching that he would not come to the meeting.  These were the only two rides that he had.

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PENALTY

--

Mr Ching advised the hearing that Mr Bothamley had been charged with a similar offence on 5 March 2009 and was fined $150.  He submitted that a fine of between $200 and $300 should be imposed. 

--

Mr Ching also said that Mr Bothamley was replaced with two senior riders and therefore, he did not believe that the betting public or the connections, were affected to any great extent.  He also said that in his opinion, we should treat the matter as one offence only. 

--

Mr Bothamley did not have any submissions on penalty. 

--

Mr Bothamley was fined the sum of $250.  In setting that fine, we record that we have taken into account the previous penalty of $150 and increased the penalty to reflect the fact that this was a second offence within a comparatively short space of time.  We have not simply taken an average of the Stipendiary Steward’s recommendations.

--


KG Hales 
Chairman

--

P Rosanowski
Panellist

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: 17ab1fc0503dc590b6f053dc00678d3f


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 29/03/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Westland RC - 29 March 2009 - Race 4


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As a result of Mr D Bothamley, Licensed Jockey, being unable to make the weight of 55.5 kilogrammes for rides on “Portabella Rose” in Race 4 and “River Bear” in Race 7, he was charged pursuant to Rule 520(4)(c).

--


 



As a result of Mr D Bothamley, Licensed Jockey, being unable to make the weight of 55.5 kilogrammes for rides on “Portabella Rose” in Race 4 and “River Bear” in Race 7, he was charged pursuant to Rule 520(4)(c).

--

The charge was admitted and it is therefore deemed to be proved.

--

THE FACTS
Mr Stewart Ching, Stipendiary Steward, advised the hearing that he received a telephone call at 9 am on the morning of the Westland Racing Club’s meeting on Sunday 29th March, from Mr Bothamley, advising that he was not coming to the meeting because he could not make the weight he had contracted to ride at on the aforementioned horses.

--

In response, Mr Bothamley said that he was in the sauna at 5.30 am that morning, and despite his efforts, he could not get his weight below 56.5 kilogrammes.  He accordingly advised Mr Ching around 9 am of the difficulties that he was facing, and advised Mr Ching that he would not come to the meeting.  These were the only two rides that he had.

--

PENALTY

--

Mr Ching advised the hearing that Mr Bothamley had been charged with a similar offence on 5 March 2009 and was fined $150.  He submitted that a fine of between $200 and $300 should be imposed. 

--

Mr Ching also said that Mr Bothamley was replaced with two senior riders and therefore, he did not believe that the betting public or the connections, were affected to any great extent.  He also said that in his opinion, we should treat the matter as one offence only. 

--

Mr Bothamley did not have any submissions on penalty. 

--

Mr Bothamley was fined the sum of $250.  In setting that fine, we record that we have taken into account the previous penalty of $150 and increased the penalty to reflect the fact that this was a second offence within a comparatively short space of time.  We have not simply taken an average of the Stipendiary Steward’s recommendations.

--


KG Hales 
Chairman

--

P Rosanowski
Panellist


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 520.4.c


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Respondent:


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meetdate: 29/03/2009


meet_title: Westland RC - 29 March 2009


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name: Westland RC