Archive Decision

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Oamaru JC 21 July 2013 – R 4

ID: JCA12617

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr D Bothamley - Licensed Jockey

Information Number:
A5782

Hearing Type:
Hearing

Rules:
638 (1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Oamaru JC - 21 July 2013

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2013/07/21

Race Number:
R 4

Decision:

The charge is upheld. 

Penalty:

Mr Bothamley’s jockey’s licence is suspended from the conclusion of racing at Marlborough on the 26th July up to and including August 7th, 2013 (three South Island race days).

Charge:

Rule 638 (1) (d) states: A rider shall not ride a horse in a manner which the Judicial Committee considers careless.

Mr Bothamley did not admit the charge and was present at the hearing. 

Facts:

Following the running of Race 4, the Easy Made Marmalade R75 Benchmark, an information was filed under Rule 638 (1) (d) – careless riding, by the Stewards alleging that Mr D Bothamley allowed his mount BLACK BERRY PUNCH to shift out over the final 150 metres dictating CHEEKY TART wider on the track.

Submissions for Decision:

Mr Davidson stated that Mr Bothamley, using the stick in his right hand, struck the horse two or three times approaching the 150m mark. The horse shifted outwards and came into contact with Cheeky Tart. At that point Mr Bothamley switched the stick from his right to left hand and continued to use the whip in riding out the horse. The horse continued to shift outwards coming into contact with Cheeky Tart and shift that horse over extra ground. Approximately 20 to 30m short of the post Mr Bothamley took a hold but it was too late.

Mr Bothamley stated the horse was known to run out in its races. He stated the horse had a tendency to run into the stick, which is why he had changed the stick to his left hand. He had given the horse three or four strikes with the whip and it had not responded.

Mr Davidson acknowledged the horse had a bad history.  He said there was a fine line between careless riding and competitive riding and once contact was made Mr Bothamley should have made a better effort to straighten up. 

Reasons for Decision:

The committee was satisfied that Mr Bothamley’s riding fell below an acceptable standard. He allowed Black Berry Punch to shift outwards onto Cheeky Tart and continued to ride the horse out with the stick causing further interference. He had had every opportunity to straighten his horse after the initial contact was made but only stopped riding his mount 25 to 30m short of the post.

Submissions for Penalty:

Mr Davidson said Mr Bothamley had been charged once in the past 12 months with a similar breach of the Rule, in May where he received three days suspension. He said the interference was at the mid to low range and was seeking a suspension of two to three days.

Mr Bothamley stated he had had less than 20 rides since resuming his career. He was not in a position to pay a fine but believed a two or three day suspension was a bit steep. He requested a deferment of any suspension until after Marlborough on the 26th July. He said he was more likely to secure rides at his weight at Marlborough as opposed to Riccarton.

Reasons for Penalty:

In setting a penalty the committee took into account the limited opportunities Mr Bothamley has at his riding weight and also the limited number of rides he has had since resuming his career. However, the committee is also mindful that this charge was the result of a protest where there was a change of placings and that the interference was in the mid range. The committee believes a suspension of three days is appropriate (deferred). 

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: 3fbdc0d6f76ccaad901c052ec1cbb5ec


informantnumber: A5782


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 18/07/2013


hearing_title: Oamaru JC 21 July 2013 - R 4


charge:

Rule 638 (1) (d) states: A rider shall not ride a horse in a manner which the Judicial Committee considers careless.

Mr Bothamley did not admit the charge and was present at the hearing. 


facts:

Following the running of Race 4, the Easy Made Marmalade R75 Benchmark, an information was filed under Rule 638 (1) (d) – careless riding, by the Stewards alleging that Mr D Bothamley allowed his mount BLACK BERRY PUNCH to shift out over the final 150 metres dictating CHEEKY TART wider on the track.


appealdecision:


isappeal:


submissionsfordecision:

Mr Davidson stated that Mr Bothamley, using the stick in his right hand, struck the horse two or three times approaching the 150m mark. The horse shifted outwards and came into contact with Cheeky Tart. At that point Mr Bothamley switched the stick from his right to left hand and continued to use the whip in riding out the horse. The horse continued to shift outwards coming into contact with Cheeky Tart and shift that horse over extra ground. Approximately 20 to 30m short of the post Mr Bothamley took a hold but it was too late.

Mr Bothamley stated the horse was known to run out in its races. He stated the horse had a tendency to run into the stick, which is why he had changed the stick to his left hand. He had given the horse three or four strikes with the whip and it had not responded.

Mr Davidson acknowledged the horse had a bad history.  He said there was a fine line between careless riding and competitive riding and once contact was made Mr Bothamley should have made a better effort to straighten up. 


reasonsfordecision:

The committee was satisfied that Mr Bothamley’s riding fell below an acceptable standard. He allowed Black Berry Punch to shift outwards onto Cheeky Tart and continued to ride the horse out with the stick causing further interference. He had had every opportunity to straighten his horse after the initial contact was made but only stopped riding his mount 25 to 30m short of the post.


Decision:

The charge is upheld. 


sumissionsforpenalty:

Mr Davidson said Mr Bothamley had been charged once in the past 12 months with a similar breach of the Rule, in May where he received three days suspension. He said the interference was at the mid to low range and was seeking a suspension of two to three days.

Mr Bothamley stated he had had less than 20 rides since resuming his career. He was not in a position to pay a fine but believed a two or three day suspension was a bit steep. He requested a deferment of any suspension until after Marlborough on the 26th July. He said he was more likely to secure rides at his weight at Marlborough as opposed to Riccarton.


reasonsforpenalty:

In setting a penalty the committee took into account the limited opportunities Mr Bothamley has at his riding weight and also the limited number of rides he has had since resuming his career. However, the committee is also mindful that this charge was the result of a protest where there was a change of placings and that the interference was in the mid range. The committee believes a suspension of three days is appropriate (deferred). 


penalty:

Mr Bothamley’s jockey’s licence is suspended from the conclusion of racing at Marlborough on the 26th July up to and including August 7th, 2013 (three South Island race days).


hearing_type: Hearing


Rules: 638 (1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr D Bothamley - Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e6b5e21c21acd668134e422097583897


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4645622d2b0ed7b4021e2fdd45a2624c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/07/2013


meet_title: Oamaru JC - 21 July 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-jc


meet_racingtype: thoroughbred-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Oamaru JC