South Canterbury RC – 28 December 2008 – Race 9
ID: JCA19100
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
South Canterbury RC - 28 December 2008
Race Date:
2008/12/28
Race Number:
Race 9
Decision:
As a result of an incident in Race 9 at the Timaru Racing Club’s meeting on Sunday 28th December 2008 Mr DR Bothamley was charged with a breach of Rule 530 (2)(b) in that he used is whip in an unnecessary manner on his mount “Torrent” after it had been retired from the race.
THE FACTS
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As a result of an incident in Race 9 at the Timaru Racing Club’s meeting on Sunday 28th December 2008 Mr DR Bothamley was charged with a breach of Rule 530 (2)(b) in that he used is whip in an unnecessary manner on his mount “Torrent” after it had been retired from the race.
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Mr Bothamley denied the charge.
----
Mr Ching presented video camera evidence using the back straight and head on view. In the early part of the race, Mr Bothamley was quite clearly having trouble with his mount in that it was “lugging out” and proving difficult to control. As the field came around the turn on the run for home, Torrent continued with its “lugging out” and lost ground as a result. Mr Bothamley used the whip at that point in an endeavour to put the horse “back in the race”. However, it was a losing battle for him and as a consequence, Mr Bothamley, quite sensibly made the decision to retire the horse from the race.
----
At a point when he was almost down to a canter Mr Bothamley used his whip twice on the horse. In his defence Mr Bothamley said the horse was continuing to head to the outside of the track and that the strikes of the whip were designed to bring the horse back on to a line.
----
We do not accept that explanation. An experienced rider would in our opinion have much better control on a wayward horse by using two hands on the reins.
----
We share Mr Ching’s view that the two strikes of the whip was Mr Bothamley venting his frustration on the horse.
----
Thus we are quite satisfied that the necessary standard of proof of the charge has been made out and the charge is proved accordingly.
----
PENALTY DECISION
--My concern is that that Mr Bothamley’s actions would have been seen by a number of “Trackside” viewers and I think that they would have shared the views that have been expressed here today by Mr Ching, and confirmed by us as a Judicial Panel that this was a demonstration of a rider venting his frustration on a horse, which is not acceptable. However, we agree that because the strikes weren’t particularly hard, a fine is the appropriate penalty.
----
Mr Bothamley is fined $175 accordingly.
----
--
KG Hales
ChairmanJCA 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: 26d0be27f7a2136bf54db1822e042a49
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 28/12/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: South Canterbury RC - 28 December 2008 - Race 9
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As a result of an incident in Race 9 at the Timaru Racing Club’s meeting on Sunday 28th December 2008 Mr DR Bothamley was charged with a breach of Rule 530 (2)(b) in that he used is whip in an unnecessary manner on his mount “Torrent” after it had been retired from the race.
THE FACTS
----
As a result of an incident in Race 9 at the Timaru Racing Club’s meeting on Sunday 28th December 2008 Mr DR Bothamley was charged with a breach of Rule 530 (2)(b) in that he used is whip in an unnecessary manner on his mount “Torrent” after it had been retired from the race.
----
Mr Bothamley denied the charge.
----
Mr Ching presented video camera evidence using the back straight and head on view. In the early part of the race, Mr Bothamley was quite clearly having trouble with his mount in that it was “lugging out” and proving difficult to control. As the field came around the turn on the run for home, Torrent continued with its “lugging out” and lost ground as a result. Mr Bothamley used the whip at that point in an endeavour to put the horse “back in the race”. However, it was a losing battle for him and as a consequence, Mr Bothamley, quite sensibly made the decision to retire the horse from the race.
----
At a point when he was almost down to a canter Mr Bothamley used his whip twice on the horse. In his defence Mr Bothamley said the horse was continuing to head to the outside of the track and that the strikes of the whip were designed to bring the horse back on to a line.
----
We do not accept that explanation. An experienced rider would in our opinion have much better control on a wayward horse by using two hands on the reins.
----
We share Mr Ching’s view that the two strikes of the whip was Mr Bothamley venting his frustration on the horse.
----
Thus we are quite satisfied that the necessary standard of proof of the charge has been made out and the charge is proved accordingly.
----
PENALTY DECISION
--My concern is that that Mr Bothamley’s actions would have been seen by a number of “Trackside” viewers and I think that they would have shared the views that have been expressed here today by Mr Ching, and confirmed by us as a Judicial Panel that this was a demonstration of a rider venting his frustration on a horse, which is not acceptable. However, we agree that because the strikes weren’t particularly hard, a fine is the appropriate penalty.
----
Mr Bothamley is fined $175 accordingly.
----
--
KG Hales
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 530.2.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 1a080e1b916e4bb0d4fc4ac31cbb607c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 536464bfa17be4b5f0fcbc9c31f3a82b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2008
meet_title: South Canterbury RC - 28 December 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: South Canterbury RC