Canterbury Racing – 4 April 2009 –

hearingid: 07d5a1c5945875044faeaa81ea6b2a42

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hearing_racingtype: thoroughbred-racing

startdate: 04/04/2009

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hearing_title: Canterbury Racing - 4 April 2009 -

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Decision:

As the result of an incident in Race 7 at the Canterbury Jockey Club’s meeting on Saturday 4 April 2009, the New Zealand Bloodstock Airfreight Stakes, Mr D Bothamley, Licensed Jockey, was charged pursuant to Rule 871(1)(d) of the Rules of Racing (careless riding).

It was alleged that he allowed his mount “Ms Keeper” to shift out when not sufficiently clear, causing “Tampiko” to check near the 400 metres. 

As the result of an incident in Race 7 at the Canterbury Jockey Club’s meeting on Saturday 4 April 2009, the New Zealand Bloodstock Airfreight Stakes, Mr D Bothamley, Licensed Jockey, was charged pursuant to Rule 871(1)(d) of the Rules of Racing (careless riding).

It was alleged that he allowed his mount “Ms Keeper” to shift out when not sufficiently clear, causing “Tampiko” to check near the 400 metres. 

Mr Bothamley admitted the breach of the Rule and the charge is, therefore, deemed to be proved.

Mr Stewart Ching, Stipendiary Steward, showed video evidence of the incident which showed the positions of the two horses in question.  Mr Bothamley, shortly after the turn for home, came out looking for a run and moved out in such a manner that the hind quarters of his mount came into contact with the shoulder of “Tampiko”, which caused that horse to check.

PENALTY

Mr Ching advised the hearing that Mr Bothamley had been charged with careless riding on 4 November 2008 when he was suspended for three days, and fined $250.

He said that Mr Bothamley had a comparatively good record.  He rides extensively in the South Island, not only in flat races, but also over hurdles.

He said that it was bad judgement on Mr Bothamley’s part to do what he did. 

However, he said that even though the degree of carelessness, in his opinion, was somewhere between low and medium range, the fact of the matter is that this was a Listed Stakes Race for a stake of $50,000.  He therefore believed that an appropriate penalty for the suspension was of between four and six days, but that a fine of between $500 and $600 should also be imposed because of the status of the race.

PENALTY DECISION

We have given Mr Bothamley credit for his immediate guilty plea, and also acknowledge that Mr Bothamley has a good record in that he is a regular rider in the South Island and has only appeared once in this season, on the same charge.  We also agree that it was an error of judgment on Mr Bothamley’s part in that his horse was clearly full of running at the point of the interference with “Tampiko”.

However, in determining penalty, we are required to take into account Rule 1122(2) of the Rules of Racing, and to consider a number of factors including:

• The status of the race.
• The stake payable.
• Any consequential effects upon any horse or horses as a result of a breach of the Rule.
• The need to maintain integrity and public confidence in racing. 

In this case, emphasis must be placed on the first two elements of this Rule.  This was a Listed Stakes Race for $50,000.

Mr Ching has called for a suspension of between four and six days, and a fine between $500 and $600. 

We impose a penalty of a suspension of four days, commencing from the conclusion of racing on Sunday 5 April 2009, and ending at the conclusion of racing on Saturday 18 April 2009.  That period of suspension encompasses the three days at Riverton and on Saturday 18 April at the Canterbury Jockey Club.

In addition, we agree that it is appropriate to impose a fine and we set that fine at $500.

KG Hales
Chairman

P Rosanowski
Panellist

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hearing_type: Old Hearing

Rules: 871.1.d, 1122.2

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