Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Riverton RC 2 May 2013 – R 8

ID: JCA16773

Applicant:
Mr M Zarb - Stipendiary Steward

Respondent(s):
Mr D Bothamley - Rider of AMIGO

Other Person:
Mr J McLaughlin - Stipendiary Steward, Mr M Johnson - Observer

Information Number:
4927

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Riverton RC - 2 May 2013

Meet Chair:
NSkelt

Meet Committee Member 1:
RMcKenzie

Race Date:
2013/05/02

Race Number:
R 8

Decision:

The Committee was satisfied a clear breach of the rule had occurred; we thus find the charge proved.

Penalty:

Mr D Bothamley was suspended from riding from the conclusion of racing on Sunday 5th May 2013 to the conclusion of racing on Tuesday 14th May 2013 – effectively Timaru (10 May), Riverton (12 May), Ashburton (14 May).

Charge:

Careless Riding.

Facts:

At the conclusion of Race 8 The Wrens and J.R Milne. Son LTD Handicap, an information was lodged by Stipendiary Steward Mr M Zarb alleging that Mr D Bothamley permitted his mount AMIGO to shift inwards near the 1200 metre point, when not clear of PHIL WENNECK (Mr R Doherty) causing that horse to clip heels and check.

Mr D Bothamley did not admit the breach.

The rule reads 638(1)(d):

A rider shall not ride a horse in a manner which the Judicial Committee consider to be (d) careless

Submissions for Decision:

The Committee viewed three video clips of the alleged incident highlighting the inward movement of AMIGO (D Bothamley) onto PHIL WENNECK (R Doherty). Mr Zarb stated that in his belief it was clear from the video evidence that AMIGO was not the required distance clear under the rule of PHIL WENNECK, and that PHIL WENNECK had clearly clipped heels and as a result was checked.

Mr D Bothamley stated that in his opinion his horse was to blame as it looked around at the time of the alleged incident. Mr Bothamley also stated that he believed Mr Johnson (DOUBLE TAP) had contributed to the incident, as he was racing outside of AMIGO at the time of the incident and had moved inwards onto AMIGO. Mr Bothamley agreed with Mr Zarb that he was not sufficiently clear of PHIL WENNECK, at the time of the incident.

Reasons for Decision:

The Committee did not accept that AMIGO or Mr Johnson contributed to the incident in any way. The video evidence supported Mr Zarb’s observation that Mr Bothamley has moved inwards when not sufficiently clear of PHIL WENNECK, causing that horse to clip heels and be checked.

Submissions for Penalty:

Stipendiary Steward Mr J McLaughlin stated that Mr D Bothamley had only recently returned to race riding (in the past 3 weeks) after a self-imposed break of six months.

Mr M Zarb stated that he believed the breach to be mid-range.

Mr D Bothamley stated that he had declared riding engagements at the Canterbury Jockey Club on Saturday 4th May.

Reasons for Penalty:

The Committee believed the breach was mid-range. Mr Bothamley had no previous breaches under this rule over the past season, although he had only been riding for a limited time after his break away from racing.

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: 9f3460a06465f276e097195890f8a0b5


informantnumber: 4927


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 26/04/2013


hearing_title: Riverton RC 2 May 2013 - R 8


charge:

Careless Riding.


facts:

At the conclusion of Race 8 The Wrens and J.R Milne. Son LTD Handicap, an information was lodged by Stipendiary Steward Mr M Zarb alleging that Mr D Bothamley permitted his mount AMIGO to shift inwards near the 1200 metre point, when not clear of PHIL WENNECK (Mr R Doherty) causing that horse to clip heels and check.

Mr D Bothamley did not admit the breach.

The rule reads 638(1)(d):

A rider shall not ride a horse in a manner which the Judicial Committee consider to be (d) careless


appealdecision:


isappeal:


submissionsfordecision:

The Committee viewed three video clips of the alleged incident highlighting the inward movement of AMIGO (D Bothamley) onto PHIL WENNECK (R Doherty). Mr Zarb stated that in his belief it was clear from the video evidence that AMIGO was not the required distance clear under the rule of PHIL WENNECK, and that PHIL WENNECK had clearly clipped heels and as a result was checked.

Mr D Bothamley stated that in his opinion his horse was to blame as it looked around at the time of the alleged incident. Mr Bothamley also stated that he believed Mr Johnson (DOUBLE TAP) had contributed to the incident, as he was racing outside of AMIGO at the time of the incident and had moved inwards onto AMIGO. Mr Bothamley agreed with Mr Zarb that he was not sufficiently clear of PHIL WENNECK, at the time of the incident.


reasonsfordecision:

The Committee did not accept that AMIGO or Mr Johnson contributed to the incident in any way. The video evidence supported Mr Zarb’s observation that Mr Bothamley has moved inwards when not sufficiently clear of PHIL WENNECK, causing that horse to clip heels and be checked.


Decision:

The Committee was satisfied a clear breach of the rule had occurred; we thus find the charge proved.


sumissionsforpenalty:

Stipendiary Steward Mr J McLaughlin stated that Mr D Bothamley had only recently returned to race riding (in the past 3 weeks) after a self-imposed break of six months.

Mr M Zarb stated that he believed the breach to be mid-range.

Mr D Bothamley stated that he had declared riding engagements at the Canterbury Jockey Club on Saturday 4th May.


reasonsforpenalty:

The Committee believed the breach was mid-range. Mr Bothamley had no previous breaches under this rule over the past season, although he had only been riding for a limited time after his break away from racing.


penalty:

Mr D Bothamley was suspended from riding from the conclusion of racing on Sunday 5th May 2013 to the conclusion of racing on Tuesday 14th May 2013 – effectively Timaru (10 May), Riverton (12 May), Ashburton (14 May).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Zarb - Stipendiary Steward


JockeysandTrainer: Mr D Bothamley - Rider of AMIGO


Otherperson: Mr J McLaughlin - Stipendiary Steward, Mr M Johnson - Observer


PersonPresent:


Respondent:


StipendSteward:


raceid: 145f7dec406c8c2c4099d89d42cbef8d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ce4b3912dea6d0ee49b2c76cba252fb9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/05/2013


meet_title: Riverton RC - 2 May 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: riverton-rc


meet_racingtype: thoroughbred-racing


meet_chair: NSkelt


meet_pm1: RMcKenzie


meet_pm2: none


name: Riverton RC