Otago RC – 4 November 2008 – Race 4
ID: JCA21957
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Otago RC - 4 November 2008
Race Date:
2008/11/04
Race Number:
Race 4
Decision:
Under Rule 871 (1) (d) : Mr Ching alleged that Mr Bothamley was guilty of careless riding in that he allowed his mount OREGON BLAZE to shift out near the 300 metres forcing CURTIS into the line of PARTEES OVER who had to be checked.
Mr Ching alleged that Mr Bothamley was guilty of careless riding in that he allowed his mount OREGON BLAZE to shift out near the 300 metres forcing CURTIS into the line of PARTEES OVER who had to be checked.
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Mr Bothamley and Mr Ching agreed that the evidence from the protest hearing could be considered in the determination of the charge. Mr Ching had Mr Davidson again demonstrate the incident on the various video angles. The stipendiary stewards acknowledged that Ms Williams had first moved out on her horse forcing Mr Bothamley, who was endeavouring to proceed through a partial gap that had presented itself, on to Mr Johnson. Ms Williams quickly straightened her horse but Mr Bothamley kept moving out on to Mr Johnson. Mr Johnson endeavoured to keep Mr Bothamley in and their elbows “locked” for a few strides. Eventually Mr Johnson was forced out into the line of Ms Mundy who had to check.
----
Mr Bothamley in his defence stated that it was competitive riding on his part and that Mr Johnson had not stopped riding.
----
We are satisfied that Mr Bothamley has clearly angled his mount out for a run between Ms Williams’ mount and that of Mr Johnson’s that was not there. There was only a partial gap. Ms Williams’ mount has moved out, as all involved have accepted, and this has forced Mr Bothamley wider on the track. However, Ms Williams straightened her horse quickly and he kept angling out into Mr Johnson’s line. The two appeared to have come into contact as Mr Johnson endeavoured to hold Mr Bothamley to his line as Mr Johnson is entitled to do. Eventually the contact forced Mr Johnson wider on the track and into the line of Ms Mundy, who was forced to check. Mr Bothamley stated it was merely competitive riding. We disagree. He has made an outwards movement when not sufficiently clear of Ms Williams and in so doing he has knocked CURTIS off stride with that horse also being forced sideways into the line of Ms Mundy. We thus find the charge of careless riding proved.
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Penalty
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Mr Ching has described the incident as mid to high range and we concur with this assessment. Mr Bothamley has seen a ½ gap and in desperation, because his horse was travelling well, has gone for it. There were safety issues involved, as Mr Ching has alluded to. Mr Bothamley’s record for the past 12 months is exemplary with no breach of the rule. Mr Ching has asked for 4 to 6 days’ suspension. We are aware and both parties are agreed, that in the Carston decision at Timaru on Saturday the Committee on the day equated a premier day to 1 1/2 “ordinary” days in imposing penalty. We have been asked to follow a similar practice and in the interests of consistency we do so. We take a starting point of 6 days and give a discount of one day for Mr Bothamley’s record. He is suspended from riding from the end of today up to and including 15 November 2000. This is 3 premier days (equal to 4 1/2 days) and he is fined the sum of $250.
----
Geoff Hall Chairman
--Neil Johnstone Member
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: a60ac1d95f8427e668f470e1647ebd08
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 04/11/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Otago RC - 4 November 2008 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Under Rule 871 (1) (d) : Mr Ching alleged that Mr Bothamley was guilty of careless riding in that he allowed his mount OREGON BLAZE to shift out near the 300 metres forcing CURTIS into the line of PARTEES OVER who had to be checked.
Mr Ching alleged that Mr Bothamley was guilty of careless riding in that he allowed his mount OREGON BLAZE to shift out near the 300 metres forcing CURTIS into the line of PARTEES OVER who had to be checked.
----
Mr Bothamley and Mr Ching agreed that the evidence from the protest hearing could be considered in the determination of the charge. Mr Ching had Mr Davidson again demonstrate the incident on the various video angles. The stipendiary stewards acknowledged that Ms Williams had first moved out on her horse forcing Mr Bothamley, who was endeavouring to proceed through a partial gap that had presented itself, on to Mr Johnson. Ms Williams quickly straightened her horse but Mr Bothamley kept moving out on to Mr Johnson. Mr Johnson endeavoured to keep Mr Bothamley in and their elbows “locked” for a few strides. Eventually Mr Johnson was forced out into the line of Ms Mundy who had to check.
----
Mr Bothamley in his defence stated that it was competitive riding on his part and that Mr Johnson had not stopped riding.
----
We are satisfied that Mr Bothamley has clearly angled his mount out for a run between Ms Williams’ mount and that of Mr Johnson’s that was not there. There was only a partial gap. Ms Williams’ mount has moved out, as all involved have accepted, and this has forced Mr Bothamley wider on the track. However, Ms Williams straightened her horse quickly and he kept angling out into Mr Johnson’s line. The two appeared to have come into contact as Mr Johnson endeavoured to hold Mr Bothamley to his line as Mr Johnson is entitled to do. Eventually the contact forced Mr Johnson wider on the track and into the line of Ms Mundy, who was forced to check. Mr Bothamley stated it was merely competitive riding. We disagree. He has made an outwards movement when not sufficiently clear of Ms Williams and in so doing he has knocked CURTIS off stride with that horse also being forced sideways into the line of Ms Mundy. We thus find the charge of careless riding proved.
----
Penalty
----
Mr Ching has described the incident as mid to high range and we concur with this assessment. Mr Bothamley has seen a ½ gap and in desperation, because his horse was travelling well, has gone for it. There were safety issues involved, as Mr Ching has alluded to. Mr Bothamley’s record for the past 12 months is exemplary with no breach of the rule. Mr Ching has asked for 4 to 6 days’ suspension. We are aware and both parties are agreed, that in the Carston decision at Timaru on Saturday the Committee on the day equated a premier day to 1 1/2 “ordinary” days in imposing penalty. We have been asked to follow a similar practice and in the interests of consistency we do so. We take a starting point of 6 days and give a discount of one day for Mr Bothamley’s record. He is suspended from riding from the end of today up to and including 15 November 2000. This is 3 premier days (equal to 4 1/2 days) and he is fined the sum of $250.
----
Geoff Hall Chairman
--Neil Johnstone Member
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 871.1.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: eecda45ad9e6e5529ebe87d9ec6eb673
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cc72972de4ff98c0d2566b1cc08db583
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/11/2008
meet_title: Otago RC - 4 November 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: otago-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Otago RC