Waikouaiti RC 1 January 2016 – R 6 – Chair, Prof G Hall
ID: JCA11084
Code:
Thoroughbred
Meet Title:
Waikouaiti RC - 1 January 2016
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2016/01/01
Race Number:
R 6
Decision:
We thus find the charge proved.
Penalty:
Mr Bothamley is suspended from riding at the end of racing on 3 January up to and including 9 January 2016. This is 2 South Island days.
He is reminded of his professional obligations.
Facts:
Mr Davidson alleged that Mr Bothamley misconducted himself by using offensive language directed to Mr Shaikh after the finish of race 6, the DUNEDIN CASINO WAIKOUAITI CUP OPEN HANDICAP.
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 Shaikh gave evidence that as he was pulling his mount up after race 6 Mr Bothamley said, “You b**** c***. I’ll knock you off.” He said it had become tight on the home turn and he thought he must have done something in the race. But he now believed he had not. He said he never said anything back to Mr Bothamley. He was not aware whether anyone else had heard what was said.
Mr Davidson said he had examined the videos. It did not appear anyone else was nearby, although the videos were inconclusive.
Mr Bothamley said he was frustrated at the way Mr Shaikh had ridden in the race on two occasions. He said with respect to the latter incident, he had been deprived of a run in the straight when Mr Shaikh had shifted out and there had been tightening. He had received a check and had had to stop riding. This was compounded by the fact it was likely to be the horse’s last run as it was felt it had reached its mark.
Mr Bothamley admitted he had used the words “B**** c***”, but said the last expression was, “Lucky I didn’t fall off.” He said he used the words when pulling up beside Mr Shaikh and he was still a fair distance away from him, and that perhaps was why Mr Shaikh had misheard him.
Mr Bothamley said he realised he should not have said what he did and he had not spoken to Mr Shaikh about it since the incident.
Mr Davidson said the Stipendiary Stewards had examined the videos and whilst Mr Bothamley had run out of room, Mr Shaikh had only moved out marginally and the horse to Mr Bothamley’s outer had shifted in at the same time. As it was not a true head-on video, it was difficult to determine how much Mr Shaikh had moved. With regard to the first incident, Mr Davidson stated Mr Shaikh had improved on the inside of Mr Bothamley on the rail and he accepted an experienced jockey would have not let his horse get into that position.
Mr Davidson stated he could understand that Mr Bothamley might be upset but this was no excuse to take it out on other riders in the manner Mr Bothamley had. The words Mr Bothamley had used were clearly offensive and insulting.
Reasons for Decision:
There is a dispute as to exactly what was said by Mr Bothamley. Having regard to the standard of proof we are prepared to accept Mr Bothamley’s statement that the words he used were, “B**** c***, lucky I didn’t fall off.”
We accept Mr Bothamley may have felt aggrieved by the manner in which he perceived Mr Shaikh had ridden in the race but this is no excuse for his conduct. The use of offensive language such as this with their obviously racist overtones and, moreover, directed to a fellow rider on the track when pulling up after the race is clearly misconduct.
Submissions for Penalty:
Mr Davidson produced the respondent’s record, which was clear under this rule for the past 12 months. He stated a penalty of a fine in the range of $300 to $400 or 2 days’ suspension was appropriate.
Mr Bothamley commenced his penalty submission by stating he was sorry for having using the words and realised they were inappropriate. He told the Committee he would apologise to Mr Shaikh.
Reasons for Penalty:
Clearly there is no place for racist abuse in thoroughbred racing. Mr Bothamley has to be held accountable. In this regard we told Mr Bothamley we regarded his remorse to be a mitigating factor and we asked the Stipendiary Stewards to follow this up and ensure Mr Bothamley did in fact apologise to Mr Shaikh. We need to have regard to the need to uphold the integrity of the industry and to deter Mr Bothamley and any other jockeys who might be like-minded.
Fines for abuse of fellow licence holders have been in the range of $300 to $500. Both Mr Davidson and Mr Bothamley believe a suspension is appropriate in this instance. Mr Bothamley has on average 3 to 4 rides a meeting. Due to the racial nature of the statement, which is simply unacceptable, we equate the suspension to a fine towards the upper end of that range. Riders are declared for Omakau and the suspension is to start after that meeting.
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: 1291c92e7f42538be54e9d1eb5b4ee86
informantnumber: A7761
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Misconduct
plea: denied
penaltyrequired: 1
decisiondate: 05/01/2016
hearing_title: Waikouaiti RC 1 January 2016 - R 6 - Chair, Prof G Hall
charge:
facts:
Mr Davidson alleged that Mr Bothamley misconducted himself by using offensive language directed to Mr Shaikh after the finish of race 6, the DUNEDIN CASINO WAIKOUAITI CUP OPEN HANDICAP.
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 Shaikh gave evidence that as he was pulling his mount up after race 6 Mr Bothamley said, “You b**** c***. I’ll knock you off.” He said it had become tight on the home turn and he thought he must have done something in the race. But he now believed he had not. He said he never said anything back to Mr Bothamley. He was not aware whether anyone else had heard what was said.
Mr Davidson said he had examined the videos. It did not appear anyone else was nearby, although the videos were inconclusive.
Mr Bothamley said he was frustrated at the way Mr Shaikh had ridden in the race on two occasions. He said with respect to the latter incident, he had been deprived of a run in the straight when Mr Shaikh had shifted out and there had been tightening. He had received a check and had had to stop riding. This was compounded by the fact it was likely to be the horse’s last run as it was felt it had reached its mark.
Mr Bothamley admitted he had used the words “B**** c***”, but said the last expression was, “Lucky I didn’t fall off.” He said he used the words when pulling up beside Mr Shaikh and he was still a fair distance away from him, and that perhaps was why Mr Shaikh had misheard him.
Mr Bothamley said he realised he should not have said what he did and he had not spoken to Mr Shaikh about it since the incident.
Mr Davidson said the Stipendiary Stewards had examined the videos and whilst Mr Bothamley had run out of room, Mr Shaikh had only moved out marginally and the horse to Mr Bothamley’s outer had shifted in at the same time. As it was not a true head-on video, it was difficult to determine how much Mr Shaikh had moved. With regard to the first incident, Mr Davidson stated Mr Shaikh had improved on the inside of Mr Bothamley on the rail and he accepted an experienced jockey would have not let his horse get into that position.
Mr Davidson stated he could understand that Mr Bothamley might be upset but this was no excuse to take it out on other riders in the manner Mr Bothamley had. The words Mr Bothamley had used were clearly offensive and insulting.
reasonsfordecision:
There is a dispute as to exactly what was said by Mr Bothamley. Having regard to the standard of proof we are prepared to accept Mr Bothamley’s statement that the words he used were, “B**** c***, lucky I didn’t fall off.”
We accept Mr Bothamley may have felt aggrieved by the manner in which he perceived Mr Shaikh had ridden in the race but this is no excuse for his conduct. The use of offensive language such as this with their obviously racist overtones and, moreover, directed to a fellow rider on the track when pulling up after the race is clearly misconduct.
Decision:
We thus find the charge proved.
sumissionsforpenalty:
Mr Davidson produced the respondent’s record, which was clear under this rule for the past 12 months. He stated a penalty of a fine in the range of $300 to $400 or 2 days’ suspension was appropriate.
Mr Bothamley commenced his penalty submission by stating he was sorry for having using the words and realised they were inappropriate. He told the Committee he would apologise to Mr Shaikh.
reasonsforpenalty:
Clearly there is no place for racist abuse in thoroughbred racing. Mr Bothamley has to be held accountable. In this regard we told Mr Bothamley we regarded his remorse to be a mitigating factor and we asked the Stipendiary Stewards to follow this up and ensure Mr Bothamley did in fact apologise to Mr Shaikh. We need to have regard to the need to uphold the integrity of the industry and to deter Mr Bothamley and any other jockeys who might be like-minded.
Fines for abuse of fellow licence holders have been in the range of $300 to $500. Both Mr Davidson and Mr Bothamley believe a suspension is appropriate in this instance. Mr Bothamley has on average 3 to 4 rides a meeting. Due to the racial nature of the statement, which is simply unacceptable, we equate the suspension to a fine towards the upper end of that range. Riders are declared for Omakau and the suspension is to start after that meeting.
penalty:
Mr Bothamley is suspended from riding at the end of racing on 3 January up to and including 9 January 2016. This is 2 South Island days.
He is reminded of his professional obligations.
hearing_type: Hearing
Rules: 340
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr D Bothamley - Licensed Jockey
Otherperson: Mr P Shaikh - Apprentice Jockey, Ms M Pitman - Licensed Trainer assisting Mr Shaikh
PersonPresent:
Respondent:
StipendSteward:
raceid: 9565a74b722addad0ce4c157458dd183
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9825059e18195b888e115c5f86fdc0e8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/01/2016
meet_title: Waikouaiti RC - 1 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikouaiti-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Waikouaiti RC