Canterbury JC – 28 May 2005 – Race 8

Following the protest hearing into Race 8, Mr D Bothamley, an apprentice jockey was charged with careless riding pursuant to Rule 871(1)(d) of the Rules of Racing. Mr LM Robinson, a licensed jockey, assisted him in the hearing. Mr Bothamley pleaded guilty to the charge.

Mr Ching informed the hearing that the incident that he relied on was the incident, which occurred in the last 100 metres of the race. He said that when the first incident occurred at the top of the straight, that Mr Bothamley did straighten his mount accordingly. The incident upon which the Stipendiary Stewards relied was demonstrated by Mr JM McLaughlin (Assistant Stipendiary Steward). It was alleged that Mr Bothamley did not take apprpropiate steps to straighten his horse.

Mr Bothamley did not have any submissions to make. Mr Robinson was quite candid in his submission to the hearing, acknowledging that "Bon Appetit" did move quite significantly inwards and because no steps were taken to straighten his mount that Mr Bothamley accepted responsibility and had pleaded guilty accordingly.

Mr Ching drew to the committee's attention that Mr Bothamley had only one previous charge of careless riding and that otherwise he had a very good riding record. He submitted that credit should be given for his early guilty plea but stated that the aggravating feature was the fact that a protest had been upheld.

Mr Bothamley did not have any particular submission to make on penalty, but did ask that if a suspension was to be imposed if it could be deferred until after Sunday 5^th June as he had be invited to ride in a special invitation race at Wingatui on that day. He said that his airfares had been paid for.

Mr Daniel Bothamley has pleaded guilty to a charge of careless riding in the "Robbie's Yaldhurst Hotel" over 1800 metres. The incident occurred in the last 100 metres or so of the race. in which Mr Bothamley's mount "Bon Appetit" rolled inwards when under the whip. taking the line of "Penny Rose".

Ms Hayston, the rider of "Penny Rose" had to "stop riding". A protest was instigated by Mr Ching, which protest was upheld.

The significant feature of the incident was Mr Bothamley's failure to straighten his mount, and the continued use of the whip as the inwards movement was taking place. The inwards movement was significant.

Having regard to all factors of the incident, and in particular the fact that the protest was upheld, and that Ms Hayston's safety was compromised, we consider that a suspension is the only appropriate penalty.

In setting the penalty, we have given credit for Mr Bothamley's early guilty plea, his good record and his honesty in the Judicial Room. We set the period of suspension from today, up to and including the 5^th of June 2005, (effectively 3 riding days).        We regret that we cannot defer to Mr Bothamley's request for a deferment of the coming into effect of the period of suspension. The reason given in support of the application, namely that Mr Bothamley has been invited to ride in an invitation event at Wingatui on 5^th June 2005, is not compelling enough for us to exercise our discretion which we have pursuant to the Rules of Racing.