Otago RC – 27 August 2010 – R 2

hearingid: 0f9900da4f7a2a9fc7e3dab229b00b84

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hearing_racingtype: thoroughbred-racing

startdate: 27/08/2010

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hearing_title: Otago RC - 27 August 2010 - R 2

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr Davidson, stipendiary steward 

Defendant:  Mr D Bothamley, licensed jockey

Information No:  6935

Meeting:  Otago Racing

Date:  27 August 2010

Venue:  Oamaru Racecourse

Race:  2

Rule No: 330(3)(a)

Judicial Committee:  Geoff Hall, Chairman – J Eagles, Committee Member 

Plea:  Admitted

CHARGE:

Mr Davidson alleged that Mr Bothamley wilfully broke an engagement for MAGIC MAN in race 2.

Mr Bothamley admitted the charge, which we thus find proved.

FACTS/SUBMISSIONS:

The nub of the matter is that Mr Bothamley, who was the declared rider for 2 horses (KIDUNOT and MAGIC MAN), refused to ride MAGIC MAN in race 2. After speaking to Mr Winsloe, the trainer of KIDUNOT, (which had previously been entered for the steeplechase that was ultimately deleted from the programme) Mr Bothamley declared himself for KIDUNOT, a horse that he invariably rode. Mr Hamilton declared Mr Bothamley for MAGIC MAN, a horse that he had ridden from time to time. Mr Bothamley wished to ride KIDUNOT in upcoming engagements and therefore wished to ride that horse today. Mr Hamilton would not release Mr Bothamley from MAGIC MAN. MAGIC MAN had started recently in the north and while Mr Bothamley expected to be offered the ride, he was not. This may have influenced his decision not to ride MAGIC MAN today. He cites his loyalty to Mr Winsloe and the horse KIDUNOT as the principal reason for his decision not to ride MAGIC MAN. We accept this explanation but of course we do not condone Mr Bothamley’s actions.

Mr Davidson has submitted a penalty of one week’s suspension or a fine of $300 to $500 is appropriate. We note that breaches of this rule in the North Island have recently resulted in fines around the $350 mark.

Mr Bothamley has stated he would prefer a penalty of a suspension, if this Committee were so minded. Mr Davidson stated Mr Bothamley should be treated as a national rider. We have emphasised to Mr Bothamley the gravity of the breach and the fact that the connections of MAGIC MAN and the betting public who wished to invest on the horse have been inconvenienced.

DECISION:

Mr Davidson stated that Mr Bothamley had apologised to the stewards for his actions and we have recommended that he apologise to Mr Hamilton as well. Mr Bothamley has given this Committee an undertaking that he will do so and he has also apologised to us. We note Mr Bothamley has no previous breaches of this rule and we also take into account the fact that he has admitted the breach.

We believe a suspension of 1 week will hold Mr Bothamley accountable for his actions. He is suspended from riding from the end of today’s meeting up to and including Friday 3 September. This is in effect 3 days.

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hearing_type: Old Hearing

Rules: 330(3)(a)

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StipendSteward:

raceid: 72c1452d526e8283f3d893ae151a75ed

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racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 2

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meetid: 2514128b76df9e689290faac39359966

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meetdate: 27/08/2010

meet_title: Otago RC - 27 August 2010

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tracklocation: otago-rc

meet_racingtype: thoroughbred-racing

meet_chair: tom

meet_pm1: tom

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name: Otago RC