Otago RC – 4 March 2007 –

hearingid: 49892fc16f18174bf12b9932147570df

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startdate: 04/03/2007

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hearing_title: Otago RC - 4 March 2007 -

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Mr Ching, stipendiary steward, alleged that approximately 100 metres after the start Mr Bothamley, the rider of RUN DON?T STOP, moved inwards when insufficiently clear causing interference to UNLADYLIKE

Mr Ching, stipendiary steward, alleged that approximately 100 metres after the start Mr Bothamley, the rider of RUN DON?T STOP, moved inwards when insufficiently clear causing interference to UNLADYLIKE (I Khairil) and LIVING DOLL (J Todd) and hampering other runners. After initially indicating an intention to admit the breach, Mr Bothamley changed his plea and defended the charge.

Mr Ching demonstrated on the videos that shortly after the start Mr Bothamley moved inwards and came into contact with UNLADYLIKE who rolled inwards. As a consequence a number of runners were interfered with. He said while the movement was not great, the consequences were significant.

Mr Bothamley said he was pressing forward in an attempt to be handy and that, when asked to go forward, his mount was looking at the false start steward and that this had caused him to move inwards. When questioned by the committee, he said he did have control of his horse at all times. He said that UNLADYLIKE had over-reacted when bumped. In reply, Mr Ching pointed out that that steward would haven some 100 metres distant and that that RUN DON?T STOP was not inexperienced.

We are satisfied Mr Bothamley has made an angled run across the field shortly after the start. When so doing he was not his length plus another clear as required by the Rules. He was following Mr Khairil who had commenced a similar run, but when Mr Khairil straightened to protect the runners on his inside, Mr Bothamley kept coming and contact was the result. We gave the following oral judgment on the day and indicated to Mr Bothamley that we would incorporate it verbatim into our full written decision.

"You have allowed your mount to come into contact with that of Mr Khairil who was racing on your inner. While it was not a hard bump, it was sufficient to start a concertina effect with resulting interference to a number of horses on the inner of Mr Khairil. We believe Mr Ching is correct in his summation that you were angling across following Mr Khairil and, when he steadied his mount, you kept coming. You were not your length plus another clear and consequently contact was made with UNLADYLIKE. In so doing you were careless. We thus find the charge proved."

Mr Ching said the matter was towards the bottom end and in his view could be dealt with by way of a fine. Mr Bothamley indicated he would prefer a suspension and a fine.

We accept the breach is towards the lower end and Mr Ching's statement that Mr Bothamley is normally "a clean rider". He has only one breach of the rule this season, on 17 September last when he was suspended for 3 days at Geraldine. Taking these matters into account, he is suspended from riding today up to and including Sunday March 11. This is 2 South Island days and he is reminded of his obligations under the Rules of Racing.

GG Hall, Chairman                                                                    G Acklin

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