Otago RC 4 February 2012 – R 5
ID: JCA13531
Code:
Thoroughbred
Meet Title:
Otago RC - 4 February 2012
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2012/02/04
Race Number:
R5
Decision:
We find the breach has been proved.
Penalty:
We suspend Mr Bothamley from the end of racing on 9 January up to and including 16 January. This is in effect 2 riding days.
Charge:
Mr Ray, stipendiary steward, alleged that Mr Bothamley allowed his mount UPPLAND to shift out dictating FRAGRANT (L Allpress) into the line of NEVER DIE (D Johnson), which had to check, passing the 200 metres.
Facts:
Mr Ray had Mr Davidson, stipendiary steward, demonstrate the alleged breach on the videos. He indicated that Mr Bothamley was one horse width off the rail when his horse moved to at least a 3 wide position and in so doing dictated Mrs Allpress into Ms Johnson. Ms Johnson was forced wider on the track as a consequence. The side-on video showed that the respondent was, at best, only a length clear of Mrs Allpress when he shifted.
Submissions for Decision:
Mr Bothamley said there had been no contact between his horse and that of Mrs Allpress and therefore it could not be careless riding. He said UPPLAND had come out into Mrs Allpress’ line when he had gone for the stick. He said he had straightened the horse by using the whip.
In summing up, Mr Ray said that Mrs Allpress had nowhere to go when the respondent had shifted out. He said the level of interference was an important consideration in laying the charge and that the consequential effects to Ms Johnson were significant as her horse was forced a considerable distance wider on the track due to Mrs Allpress being forced into her line. He said that Mr Bothamley should have made a greater effort to keep straight sooner than he did. In his view the respondent had moved out approximately 1½ horse widths before he took corrective action. He did not accept that whipping the horse was a means of keeping it straight.
Mr Bothamley, in summing up, said that he had also used the left hand rein to straighten the horse. He said he had responded to the horse’s outward movement as soon as he could. He had placed pressure on the horse with the left hand while using the whip in the right.
Reasons for Decision:
We find that the respondent moved some 1½ horse widths wider on the track at about the 200 metres when not his length and another clear of the horse on his outside. The consequence was crowding to Mrs Allpress who was dictated into the line of Ms Johnson who was forced wider on the track. At this time he has continued to ride UPPLAND using the whip in the right hand.
We accept that Mr Bothamley has eventually taken corrective action and has endeavoured to straighten the horse with the left rein. Unfortunately this corrective action is at least 2 strides too late and the interference has occurred.
Submissions for Penalty:
Mr Ray explained that the respondent had only recently returned to riding and that his record was very good. He said Mr Bothamley was professional to deal with and was forthright. He viewed the breach as low to mid range but the degree of interference as mid range. He believed a suspension of 2 days was the appropriate penalty.
Mr Bothamley accepted that a 2-day suspension was appropriate. He asked for a deferral till after racing next Thursday and that the meeting at Wairoa be considered as one of the days. When questioned as to when he last rode at that course, Mr Bothamley was not sure. He said he was going up north for family reasons and would be riding for Mr Rae. When contacted, Mr Rae indicated that were his team to start at that meeting, Mr Bothamley would be engaged.
Reasons for Penalty:
We agree that the breach is correctly described as being low to mid range in terms of the level of carelessness and that the degree of interference to Ms Johnson is accurately viewed as being mid range. A significant matter in the respondent’s favour is that he has clearly endeavoured, albeit belatedly, to straighten his horse. Mr Bothamley’s record is very good in that he has no breaches of this rule this season, although he has been away from riding for a few months. We accept that we can reduce the 5-day starting point to 2 days in these circumstances.
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: 4210784bebbda41e3665a8a5a361da96
informantnumber: 5873
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 02/02/2012
hearing_title: Otago RC 4 February 2012 - R 5
charge:
Mr Ray, stipendiary steward, alleged that Mr Bothamley allowed his mount UPPLAND to shift out dictating FRAGRANT (L Allpress) into the line of NEVER DIE (D Johnson), which had to check, passing the 200 metres.
facts:
Mr Ray had Mr Davidson, stipendiary steward, demonstrate the alleged breach on the videos. He indicated that Mr Bothamley was one horse width off the rail when his horse moved to at least a 3 wide position and in so doing dictated Mrs Allpress into Ms Johnson. Ms Johnson was forced wider on the track as a consequence. The side-on video showed that the respondent was, at best, only a length clear of Mrs Allpress when he shifted.
appealdecision:
isappeal:
submissionsfordecision:
Mr Bothamley said there had been no contact between his horse and that of Mrs Allpress and therefore it could not be careless riding. He said UPPLAND had come out into Mrs Allpress’ line when he had gone for the stick. He said he had straightened the horse by using the whip.
In summing up, Mr Ray said that Mrs Allpress had nowhere to go when the respondent had shifted out. He said the level of interference was an important consideration in laying the charge and that the consequential effects to Ms Johnson were significant as her horse was forced a considerable distance wider on the track due to Mrs Allpress being forced into her line. He said that Mr Bothamley should have made a greater effort to keep straight sooner than he did. In his view the respondent had moved out approximately 1½ horse widths before he took corrective action. He did not accept that whipping the horse was a means of keeping it straight.
Mr Bothamley, in summing up, said that he had also used the left hand rein to straighten the horse. He said he had responded to the horse’s outward movement as soon as he could. He had placed pressure on the horse with the left hand while using the whip in the right.
reasonsfordecision:
We find that the respondent moved some 1½ horse widths wider on the track at about the 200 metres when not his length and another clear of the horse on his outside. The consequence was crowding to Mrs Allpress who was dictated into the line of Ms Johnson who was forced wider on the track. At this time he has continued to ride UPPLAND using the whip in the right hand.
We accept that Mr Bothamley has eventually taken corrective action and has endeavoured to straighten the horse with the left rein. Unfortunately this corrective action is at least 2 strides too late and the interference has occurred.
Decision:
We find the breach has been proved.
sumissionsforpenalty:
Mr Ray explained that the respondent had only recently returned to riding and that his record was very good. He said Mr Bothamley was professional to deal with and was forthright. He viewed the breach as low to mid range but the degree of interference as mid range. He believed a suspension of 2 days was the appropriate penalty.
Mr Bothamley accepted that a 2-day suspension was appropriate. He asked for a deferral till after racing next Thursday and that the meeting at Wairoa be considered as one of the days. When questioned as to when he last rode at that course, Mr Bothamley was not sure. He said he was going up north for family reasons and would be riding for Mr Rae. When contacted, Mr Rae indicated that were his team to start at that meeting, Mr Bothamley would be engaged.
reasonsforpenalty:
We agree that the breach is correctly described as being low to mid range in terms of the level of carelessness and that the degree of interference to Ms Johnson is accurately viewed as being mid range. A significant matter in the respondent’s favour is that he has clearly endeavoured, albeit belatedly, to straighten his horse. Mr Bothamley’s record is very good in that he has no breaches of this rule this season, although he has been away from riding for a few months. We accept that we can reduce the 5-day starting point to 2 days in these circumstances.
penalty:
We suspend Mr Bothamley from the end of racing on 9 January up to and including 16 January. This is in effect 2 riding days.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Ray - Stipendiary Steward
JockeysandTrainer: Mr D Bothamley - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6ba00732d8259baaf18a6d07af0de6ec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f5be110ee84472f8123e4ff8c396afbc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2012
meet_title: Otago RC - 4 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Otago RC