South Canterbury RC 28 December 2010 – R 1
ID: JCA16412
Code:
Thoroughbred
Meet Title:
South Canterbury RC - 28 December 2010
Meet Chair:
KHales
Meet Committee Member 1:
JMillar
Race Date:
2010/12/28
Race Number:
R 1
Decision:
As Mr Bothamley admitted the charge it is therefore deem to be proved.
Penalty:
Thus, Mr Bothamley is suspended from the conclusion of racing on Thursday 30 December 2010 until the conclusion of racing on Wednesday 5 January 2011. That will encompass meetings at Waikouaiti 1st, Omakau 3rd and Reefton 5th January 2011 (3 days).
Charge:
D Bothamley failed to make the declared weight for "Ya Dreaming Jonesy" and was replaced.
Facts:
When Mr Bothamley arrived at the track on Tuesday 28 December 2010 he advised the Stipendiary Stewards that he would be unable to make the carded weight for his mount in Race 1. He said that he was at leasat one kilogram overweight. As a result Mr Bothamley was charged pursuant to Rule 330(3)(c) of the Rules of Racing which reads:
“A rider shall not:
(c) fail to ride a horse at a weight at which it is handicapped to carry;
Mr McLaughlin advised the hearing that Mr Bothamley has had an ongoing problem with his weight of recent times. He also told us that during the course of the day that Mr Bothamley had been “wasting” and that he had made his contracted weight for Race 10.
Submissions for Penalty:
Mr McLaughlin advised the hearing that Mr Bothamley has had an ongoing problem with his weight of recent times. He also told us that during the course of the day that Mr Bothamley had been “wasting” and that he had made his contracted weight for Race 10.
Mr McLaughlin advised that this charge was the fifth time that Mr Bothamley had been charged with a breach of this rule in the last twelve moths. He was charged in February, July, October and as recently as 19 December 2010. He submitted that a suspension of two or three days of Mr Bothamley’s licence was appropriate.
In response, Mr Bothamley said that he thought that was “fair enough”.
Reasons for Penalty:
We delivered the following penalty decision on race day:
Mr McLaughlin advised the hearing that Mr Bothamley has appeared on four previous occasions before today’s hearing, namely February, July, October and on 19 December 2010. He submitted that a suspension of 2-3 days should be imposed. Mr Bothamley thought that was a fair submission.
We adopt as a starting point for a suspension of four days for this breach. However, we must also take into account mitigating and aggravating factors. The aggravating factor is that this is the fifth occasion that Mr Bothamley has appeared for a breach of this rule in the last ten months. We add a further day’s suspension for that, making a suspension of five days. Against that we can allow as mitigating factors, Mr Bothamley’s early advice to the Stewards of his breach and early guilty plea, the fact that he has wasted and made the weight for his second mount, and the fact that he generally only rides in the South Island. We allow a two-day discount for the mitigating factors and therefore impose a three-day suspension.
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: b0f2059a34b144783618fcaee2c333cd
informantnumber: 6968
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: South Canterbury RC 28 December 2010 - R 1
charge:
D Bothamley failed to make the declared weight for "Ya Dreaming Jonesy" and was replaced.
facts:
When Mr Bothamley arrived at the track on Tuesday 28 December 2010 he advised the Stipendiary Stewards that he would be unable to make the carded weight for his mount in Race 1. He said that he was at leasat one kilogram overweight. As a result Mr Bothamley was charged pursuant to Rule 330(3)(c) of the Rules of Racing which reads:
“A rider shall not:
(c) fail to ride a horse at a weight at which it is handicapped to carry;
Mr McLaughlin advised the hearing that Mr Bothamley has had an ongoing problem with his weight of recent times. He also told us that during the course of the day that Mr Bothamley had been “wasting” and that he had made his contracted weight for Race 10.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bothamley admitted the charge it is therefore deem to be proved.
sumissionsforpenalty:
Mr McLaughlin advised the hearing that Mr Bothamley has had an ongoing problem with his weight of recent times. He also told us that during the course of the day that Mr Bothamley had been “wasting” and that he had made his contracted weight for Race 10.
Mr McLaughlin advised that this charge was the fifth time that Mr Bothamley had been charged with a breach of this rule in the last twelve moths. He was charged in February, July, October and as recently as 19 December 2010. He submitted that a suspension of two or three days of Mr Bothamley’s licence was appropriate.
In response, Mr Bothamley said that he thought that was “fair enough”.
reasonsforpenalty:
We delivered the following penalty decision on race day:
Mr McLaughlin advised the hearing that Mr Bothamley has appeared on four previous occasions before today’s hearing, namely February, July, October and on 19 December 2010. He submitted that a suspension of 2-3 days should be imposed. Mr Bothamley thought that was a fair submission.
We adopt as a starting point for a suspension of four days for this breach. However, we must also take into account mitigating and aggravating factors. The aggravating factor is that this is the fifth occasion that Mr Bothamley has appeared for a breach of this rule in the last ten months. We add a further day’s suspension for that, making a suspension of five days. Against that we can allow as mitigating factors, Mr Bothamley’s early advice to the Stewards of his breach and early guilty plea, the fact that he has wasted and made the weight for his second mount, and the fact that he generally only rides in the South Island. We allow a two-day discount for the mitigating factors and therefore impose a three-day suspension.
penalty:
Thus, Mr Bothamley is suspended from the conclusion of racing on Thursday 30 December 2010 until the conclusion of racing on Wednesday 5 January 2011. That will encompass meetings at Waikouaiti 1st, Omakau 3rd and Reefton 5th January 2011 (3 days).
hearing_type: Hearing
Rules: 330(3)(c)
Informant: J McLaughlin - Stipendiary Steward
JockeysandTrainer: D Bothamley - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 766e22cc46899517f48a861bb560f8dd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 95ae71c0981c9b90b39ce3347711ff69
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/12/2010
meet_title: South Canterbury RC - 28 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: south-canterbury-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: JMillar
meet_pm2: none
name: South Canterbury RC