Archive Decision

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Otago RC 1 April 2011 – R 6

ID: JCA13863

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
D Bothamley

Information Number:
5544

Hearing Type:
Hearing

Rules:
330 (3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 1 April 2011

Meet Chair:
NSkelt

Meet Committee Member 1:
DSteel

Race Date:
2011/04/01

Race Number:
R 6

Decision:

As the breach was admitted the charge was proved.

Penalty:

Mr Bothamley was fined a sum of $300.

Charge:

Failed to make contracted weight for rides in race 6 and race 8

Facts:

An information was lodged by Stipendiary Steward. Mr M Davidson under rule 330(3)(c) alleging that Mr D Bothamley failed to make contract weight for rides in race 6 and race 8. The details of the two rides are:-
            Race 6 No One, K. Tyler trainer, 57kg
            Race 8 Just Frank,  B & S Gordon co trainers, 56.5kg
 
Mr Bothamley admitted the breach.

Submissions for Decision:

Mr Davidson stated the Mr Bothamley reported to the stewards prior to the races commencing that he was unlikely to make the carded weight for No One and Just Frank.  
 
Mr Bothamley stated that he had suffered a chest infection leading into the race day and despite several hours in the sauna on the day of the races he could not achieve the necessary weight loss.

 

Submissions for Penalty:

Mr Davidson stated that Mr Bothamley had incurred four breaches of this rule in the past twelve months;-
Omarau 28 July 2010 - fined $150
Wyndham 2 October 2010 - fined $100
Tapanui 19 December 2010 - fined $200
Timaru 28 December 2010 - 3 day suspension.
 
Mr Davidson indicated the reason for the 3 day suspension related to the quick succession of infringements in December 2010. Mr Davidson also stated that Mr Bothamley was also trying hard to maintain his riding weight at 56.4kgs , unfortunately this has to be balanced against the inconvenience to all in the industry when a breach occurs.
 
Mr Bothamley stated that he was unlikely to continue riding in the near future due to his weight issues.

Reasons for Penalty:

The Committee in fixing penalty took into account the following mitigating circumstances:-
*Mr Bothamley’s proactive early admission of the breach
*The fact that Mr Bothamley had been struggling all week with a chest infection
*Mr Bothamleys genuine attempt to make the weight on race day.
*Mr Bothamley’s admission to the committee that he was not intending to continue race riding much beyond Easter 2011.
 
The committee also requested that Mr Bothamley continue to have a close liaison with the Stipendiary Stewards in relation to accepting any race day rides in the immediate future.
 

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: 7a293131dc8a0778cc85b7b37ae0d134


informantnumber: 5544


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Otago RC 1 April 2011 - R 6


charge:

Failed to make contracted weight for rides in race 6 and race 8


facts:

An information was lodged by Stipendiary Steward. Mr M Davidson under rule 330(3)(c) alleging that Mr D Bothamley failed to make contract weight for rides in race 6 and race 8. The details of the two rides are:-
            Race 6 No One, K. Tyler trainer, 57kg
            Race 8 Just Frank,  B & S Gordon co trainers, 56.5kg
 
Mr Bothamley admitted the breach.

appealdecision:


isappeal:


submissionsfordecision:

Mr Davidson stated the Mr Bothamley reported to the stewards prior to the races commencing that he was unlikely to make the carded weight for No One and Just Frank.  
 
Mr Bothamley stated that he had suffered a chest infection leading into the race day and despite several hours in the sauna on the day of the races he could not achieve the necessary weight loss.

 


reasonsfordecision:


Decision:

As the breach was admitted the charge was proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Bothamley had incurred four breaches of this rule in the past twelve months;-
Omarau 28 July 2010 - fined $150
Wyndham 2 October 2010 - fined $100
Tapanui 19 December 2010 - fined $200
Timaru 28 December 2010 - 3 day suspension.
 
Mr Davidson indicated the reason for the 3 day suspension related to the quick succession of infringements in December 2010. Mr Davidson also stated that Mr Bothamley was also trying hard to maintain his riding weight at 56.4kgs , unfortunately this has to be balanced against the inconvenience to all in the industry when a breach occurs.
 
Mr Bothamley stated that he was unlikely to continue riding in the near future due to his weight issues.

reasonsforpenalty:

The Committee in fixing penalty took into account the following mitigating circumstances:-
*Mr Bothamley’s proactive early admission of the breach
*The fact that Mr Bothamley had been struggling all week with a chest infection
*Mr Bothamleys genuine attempt to make the weight on race day.
*Mr Bothamley’s admission to the committee that he was not intending to continue race riding much beyond Easter 2011.
 
The committee also requested that Mr Bothamley continue to have a close liaison with the Stipendiary Stewards in relation to accepting any race day rides in the immediate future.
 

penalty:

Mr Bothamley was fined a sum of $300.

hearing_type: Hearing


Rules: 330 (3)(c)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: D Bothamley


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ea1e37437579e88f41762abb638d624e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 46895c811c6d3f4896eeab0af1938590


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/04/2011


meet_title: Otago RC - 1 April 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: NSkelt


meet_pm1: DSteel


meet_pm2: none


name: Otago RC