Gore RC – 23 January 2010 – Race 7

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hearing_racingtype: thoroughbred-racing

startdate: 23/01/2010

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hearing_title: Gore RC - 23 January 2010 - Race 7

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RACEDAY JUDICIAL COMMITTEE DECISION

Information No. 5518
Meeting  Gore Racing Club
Date Saturday 23 January 2010
Judicial Committee Chairman :  N D Skelt  Panel Member :  D J Steel
Race 7
Rule 638 (1) (d)
Plea :  Not admitted

Informant :  Mr M Davidson and Mr McLauchlin, Stipendiary Stewards
Defendant :  Mr D Bothamley (THE CLOUD)
Witnesses :  Miss A Mundy (OREGON BLAZE) and Mr Z Zulkifli , Apprentice Jockey(TYPHOON WARNING)

At the conclusion of race 7, The PGG Wrightson AON Insurance Brokers Handicap, an information # 5518 was lodged by Stipendiary Steward Mr M Davidson, under Rule 638 (1) (d) alleging that Mr D Bothamley, the rider of THE CLOUD, allowed his mount to shift in near the 1600 metre mark, dictating TYPHOON WARNING (Mr Z Zulkifli) onto OREGON BLAZE (Miss A Mundy) who had to check and hit the running rail.

RACEDAY JUDICIAL COMMITTEE DECISION

Information No. 5518
Meeting  Gore Racing Club
Date Saturday 23 January 2010
Judicial Committee Chairman :  N D Skelt  Panel Member :  D J Steel
Race 7
Rule 638 (1) (d)
Plea :  Not admitted

Informant :  Mr M Davidson and Mr McLauchlin, Stipendiary Stewards
Defendant :  Mr D Bothamley (THE CLOUD)
Witnesses :  Miss A Mundy (OREGON BLAZE) and Mr Z Zulkifli , Apprentice Jockey(TYPHOON WARNING)

At the conclusion of race 7, The PGG Wrightson AON Insurance Brokers Handicap, an information # 5518 was lodged by Stipendiary Steward Mr M Davidson, under Rule 638 (1) (d) alleging that Mr D Bothamley, the rider of THE CLOUD, allowed his mount to shift in near the 1600 metre mark, dictating TYPHOON WARNING (Mr Z Zulkifli) onto OREGON BLAZE (Miss A Mundy) who had to check and hit the running rail.

The Rule reads : ‘A rider shall not ride a horse in a manner which the Judicial Committee  considers to be careless.’

Mr Bothamley did not admit the breach.

Stipendiary Steward Mr Davidson requested Stipendiary Steward Mr McLaughlin to show the committee various video clips of the alleged incident.  Mr McLaughlin highlighted THE CLOUD, who was ridden by Mr D Bothamley, racing position being in the three wide line at about the 1600 metre mark as the horses were leaving the front straight.  Mr McLaughlin highlighted, in his opinion, the inward movement of THE CLOUD, into the two wide position and in doing so causing TYPHOON WARNING who was ridden by Apprentice Jockey Mr Z Zulkifli, to check his horse which moved inwards onto OREGON BLAZE, ridden by Miss A Mundy, causing her horse to strike the running rail.

Evidence was then heard from Miss Mundy who stated she was racing on the inside of TYPHOON WARNING (Mr Zulkifli).  She had pressure from the outside in the incident which caused her to hit the running rail, as she had nowhere else to go.  Miss Mundy stated she called out to Mr Zulkifli as she could see what was happening ahead of her.

Mr Zulkifli stated he had pressure from the outside from the grey horse (THE CLOUD) and if he had stayed where he was he would have clipped the heels of THE CLOUD.

Mr Bothamley, in his evidence, stated that he was clear of TYPHOON WARNING and entitled to move in.

Mr Davidson stated that Miss Mundy’s horse OREGON BLAZE had received a significant check and that Mr Bothamley was required under the Rule to be one length plus another length clear when attempting to move inwards.

DECISION / REASON
The Committee was satisfied that a breach of the Rule had occurred and that Mr Bothamley (THE CLOUD) was not sufficiently clear of TYPHOON WARNING (Mr Z Zulkifli) when attempting to move from the three wide racing line and that as a consequence Miss Mundy (OREGON BLAZE) received a significant check.

SUBMISSIONS ON PENALTY
Mr Davidson believed the breach of the Rule to be mid range.  Mr Davidson stated that Mr Bothamley had received two suspensions under the same Rule in the past twelve months.  He believed Mr Bothamley’s riding record was reasonable considering the number of race day rides he has (between six to eight per race day).  Mr Davidson said in his opinion the only mitigating factor was that Mr Bothamley believed he was clear when moving in.  Mr Davidson confirmed for the Committee that Mr Bothamley was suspended on 03/11/09 – 3 days, and on 20/11/09 – 3 days, under the same Rule.

Mr Bothamley requested the Committee considered imposing a fine.

PENALTY
The Committee, after considering submissions, suspended Mr Bothamley from race day riding from the conclusion of racing on Saturday 23 January until the conclusion of racing on Wednesday 3 February 2010, effectively three South Island riding days.

N D Skelt    D J Steel
Chair           Committee member
5518

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hearing_type: Old Hearing

Rules: 638.1.d

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raceid: 123fb10d2c1ccffae3b3a487ea392553

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race_title: Race 7

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meetdate: 23/01/2010

meet_title: Gore RC - 23 January 2010

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name: Gore RC