South Canterbury RC 10 October 2014 – R 5
ID: JCA10659
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 10 October 2014
Meet Chair:
PWilliams
Meet Committee Member 1:
KHales
Race Date:
2014/10/10
Race Number:
R5
Decision:
Penalty:
Facts:
Prior to the running of race 5, the “Hardgrave Decorating Sprint R65 1200”, Information A3870 was filed by Stipendiary Steward Mr M Davidson under Rule 340. The Information stated “Daniel Bothamley misconducted himself in respect to weighing when using offensive language towards officials”. Mr Bothamley signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged.
Rule 340 states “A Licensed person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of races or racing”.
Submissions for Decision:
Mr Davidson said Mr Bothamley was contracted to ride at 56.5kgs in Race 5 and on weighing out was seen to be 1kg over that weight. Mr Davidson said that the Stipendiary Stewards did allow jockeys a 0.9kg threshold if they were unable to make their contracted weight but because Mr Bothamley was more than 0.9kg over his contracted riding weight for the Race he was told he would have to be replaced. Mr Davidson said that on being told that Mr Bothamley said “you c***s are f*****g joking” with the comments being directed at both himself and the Clerk of the Scales. Mr Davidson said there were a number of other people in the weighing area and all had heard what Mr Bothamley said. Mr Davidson confirmed Mr Bothamley had been replaced in Race 5 and had also been fined $100 for a breach of Rule 330 (3)(c) under the Minor Infringement System.
Mr Bothamley was invited to present his own submissions but chose not to say anything. When asked to confirm if Mr Davidson’s description of events was correct he said it was.
Submissions for Penalty:
Mr Davidson said Mr Bothamley had not been previously charged with a breach of the misconduct rule. He said he could understand Mr Bothamley’s frustration at not being able to make the required weight for his ride in the Race having been in the sauna for a considerable time this morning wasting in an attempt to make the 56.5kgs. However, his behavior and the language used was totally unacceptable, even more so as others in the weighing room area at the time had also heard what had been said. He submitted that a fine between $200 and $300 was an appropriate penalty.
Mr Bothamley was invited to make his own submissions but chose not to say anything. He was specifically asked if he wished to take the opportunity to say anything to Mr Davidson before the Committee adjourned to consider its penalty but again chose not to say anything.
Reasons for Penalty:
The Committee has taken into account the submissions made by Mr Davidson and notes that Mr Bothamley admitted the breach of the Rule and said he did not disagree with the facts as described by Mr Davidson. Whilst Mr Bothamley may have been frustrated at not being able to make the required weight for his horse in Race 5 after spending several hours in the sauna, there can be no justification for his outburst directed towards Mr Davidson and the Clerk of the Scales which was clearly heard by others in the weighing area. Such behavior is disgraceful. It is also disappointing that, when given the opportunity by the Committee to apologise to Mr Davidson, Mr Bothamley chose not to do so showing absolutely no remorse for his actions.
The Committee notes that for failing to make the contracted weight of 56.5kgs for his horse in R5 Mr Bothamley was also fined $100 for a breach of Rule 330 (3)(c) under the Minor Infringement System.
We have reviewed the JCA’s list of penalties imposed under this Rule on license holders since January 2013 to ensure, as best we can, a general consistency with those decisions. The circumstances of the majority of those decisions cannot be considered similar to the actions of Mr Bothamley although there was an incident in December 2013 when a jockey was fined $200 for using inappropriate language to a starter’s assistant.
Taking all of the above into consideration the Committee believes Mr Bothamley’s actions require a significant penalty which we have decided is a fine.
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: 0666413a8f446e6e6d176ff52b6d31a1
informantnumber: A3870
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Misconduct
plea: admitted
penaltyrequired: 1
decisiondate: 03/10/2014
hearing_title: South Canterbury RC 10 October 2014 - R 5
charge:
facts:
Prior to the running of race 5, the “Hardgrave Decorating Sprint R65 1200”, Information A3870 was filed by Stipendiary Steward Mr M Davidson under Rule 340. The Information stated “Daniel Bothamley misconducted himself in respect to weighing when using offensive language towards officials”. Mr Bothamley signed the Information stating he admitted the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged.
Rule 340 states “A Licensed person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of races or racing”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Davidson said Mr Bothamley was contracted to ride at 56.5kgs in Race 5 and on weighing out was seen to be 1kg over that weight. Mr Davidson said that the Stipendiary Stewards did allow jockeys a 0.9kg threshold if they were unable to make their contracted weight but because Mr Bothamley was more than 0.9kg over his contracted riding weight for the Race he was told he would have to be replaced. Mr Davidson said that on being told that Mr Bothamley said “you c***s are f*****g joking” with the comments being directed at both himself and the Clerk of the Scales. Mr Davidson said there were a number of other people in the weighing area and all had heard what Mr Bothamley said. Mr Davidson confirmed Mr Bothamley had been replaced in Race 5 and had also been fined $100 for a breach of Rule 330 (3)(c) under the Minor Infringement System.
Mr Bothamley was invited to present his own submissions but chose not to say anything. When asked to confirm if Mr Davidson’s description of events was correct he said it was.
reasonsfordecision:
Decision:
sumissionsforpenalty:
Mr Davidson said Mr Bothamley had not been previously charged with a breach of the misconduct rule. He said he could understand Mr Bothamley’s frustration at not being able to make the required weight for his ride in the Race having been in the sauna for a considerable time this morning wasting in an attempt to make the 56.5kgs. However, his behavior and the language used was totally unacceptable, even more so as others in the weighing room area at the time had also heard what had been said. He submitted that a fine between $200 and $300 was an appropriate penalty.
Mr Bothamley was invited to make his own submissions but chose not to say anything. He was specifically asked if he wished to take the opportunity to say anything to Mr Davidson before the Committee adjourned to consider its penalty but again chose not to say anything.
reasonsforpenalty:
The Committee has taken into account the submissions made by Mr Davidson and notes that Mr Bothamley admitted the breach of the Rule and said he did not disagree with the facts as described by Mr Davidson. Whilst Mr Bothamley may have been frustrated at not being able to make the required weight for his horse in Race 5 after spending several hours in the sauna, there can be no justification for his outburst directed towards Mr Davidson and the Clerk of the Scales which was clearly heard by others in the weighing area. Such behavior is disgraceful. It is also disappointing that, when given the opportunity by the Committee to apologise to Mr Davidson, Mr Bothamley chose not to do so showing absolutely no remorse for his actions.
The Committee notes that for failing to make the contracted weight of 56.5kgs for his horse in R5 Mr Bothamley was also fined $100 for a breach of Rule 330 (3)(c) under the Minor Infringement System.
We have reviewed the JCA’s list of penalties imposed under this Rule on license holders since January 2013 to ensure, as best we can, a general consistency with those decisions. The circumstances of the majority of those decisions cannot be considered similar to the actions of Mr Bothamley although there was an incident in December 2013 when a jockey was fined $200 for using inappropriate language to a starter’s assistant.
Taking all of the above into consideration the Committee believes Mr Bothamley’s actions require a significant penalty which we have decided is a fine.
penalty:
hearing_type: Hearing
Rules: 340
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr D Bothamley - Licensed Jockey
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 50aba0ef87481ae9439ea744a334054a
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: bdd383d342a8e7e0845b50652f1f0112
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/10/2014
meet_title: South Canterbury RC - 10 October 2014
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "PWilliams", "Member": "", "OtherExpenses": "0", "KMs": "44", "Total": "27.28", "kmprice": 27.280000000000001, "Approved": "on"}]
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: PWilliams
meet_pm1: KHales
meet_pm2: none
name: South Canterbury RC