Winton JC – 20 November 2009 – Race 10
ID: JCA19580
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Winton JC - 20 November 2009
Race Date:
2009/11/20
Race Number:
Race 10
Decision:
Following the running of Race 10, The Harcourts Real Estate, MacAulay Motors & Travellers Rest Tavern 2000, an information was laid by Stipendiary Steward Mr M Davidson against Licensed Jockey Mr Daniel Bothamley, alleging a breach of Rule 638 (1) (d) in that Mr Bothamley permitted his mount, NO DIFFERENT, to shift in near the winning post on the first occasion when not clear of DREAMZEEL which was checked.
Following the running of Race 10, The Harcourts Real Estate, MacAulay Motors & Travellers Rest Tavern 2000, an information was laid by Stipendiary Steward Mr M Davidson against Licensed Jockey Mr Daniel Bothamley, alleging a breach of Rule 638 (1) (d) in that Mr Bothamley permitted his mount, NO DIFFERENT, to shift in near the winning post on the first occasion when not clear of DREAMZEEL which was checked.
--Mr Bothamley did not admit the breach and chose to be present at the hearing of the information.
--Rule 638 provides as follows :
(1) a rider shall not ride a horse in a manner which the Judicial Committee considers to be :
(d) careless.
Mr Davidson commenced by introducing witness Mr Daniel Stackhouse, rider of DREAMZEEL. Mr Stackhouse, through questioning, explained that at about the 1800m mark he had to check his mount. He had jumped well and was in the lead but was checked and had to ease back when Mr Bothamley’s mount crossed in front of him, contacting his horse’s front feet. Mr Stackhouse considered that Mr Bothamley’s mount was approximately ¾ of a length ahead when it crossed over. Mr Stackhouse stated that he called to Mr Bothamley to “keep going Dan”.
--Stipendiary Steward Mr Neal then used video film to show that Mr Stackhouse had maintained a straight line and that Mr Bothamley had gradually moved towards the running rail but was not sufficiently clear to complete the manoeuvre legally. Mr Neal stated that it was Mr Bothamley’s responsibility to ensure that he was at least 1 clear length ahead before continuing his inward movement. Mr Neal stated that Mr Bothamley was only ¾ length ahead at the time of contact and that Mr Stackhouse’s mount had maintained a straight line and had not contributed to the incident. Mr Neal stated that Mr Bothamley had a duty of care to give room on the inside, especially as they were approaching a bend.
--Mr Bothamley’s defence was brief, stating that he felt that he had not committed any breach. When encouraged to use video, he repeated this statement.
--Mr Bothamley had no questions of Mr Stackhouse.
--Mr Neal again stated that the continual inward movement of Mr Bothamley’s horse was gradual rather than abrupt.
--The committee adjourned to consider its decision.
--DECISION AND REASONS
--The committee found the allegation of a breach of Rule 638 (1) (d) to be proven. Before considering penalty the committee asked for a copy of Mr Bothamley’s riding record (relevant to the information) over the past 12 months, and also for a suggested range of penalty.
--Mr Bothamley had two previous suspensions over the past 12 months
(1) Riccarton 04 April 2009 (4 days),
(2) Wingatui 03 November 2009 (3 days).
Mr Davidson stated that a suspension of 2 weeks was appropriate and that the stipendiary stewards felt that this incident was in the mid range.
Mr Bothamley had no comment to make regarding possible penalty.
--The committee adjourned to consider penalty.
--PENALTY
--In determining penalty the committee took into account the following matters : Mr Bothamley not admitting the breach; his riding record – two breaches in the past 12 months; that the level of carelessness was mid range; Mr Bothamley did request a deferment pursuant to Rule 1106 (2).
--Having regard to those matters Mr Bothamley was suspended for the period from 27 November 2009 up to and including racing on 12 December 2009 (2 weeks).
--Nigel Skelt Alan Dennis
CHAIR Committee Member
5593
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: 4193971679b8cf2225b43a52ee0d59b8
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 20/11/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Winton JC - 20 November 2009 - Race 10
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 10, The Harcourts Real Estate, MacAulay Motors & Travellers Rest Tavern 2000, an information was laid by Stipendiary Steward Mr M Davidson against Licensed Jockey Mr Daniel Bothamley, alleging a breach of Rule 638 (1) (d) in that Mr Bothamley permitted his mount, NO DIFFERENT, to shift in near the winning post on the first occasion when not clear of DREAMZEEL which was checked.
Following the running of Race 10, The Harcourts Real Estate, MacAulay Motors & Travellers Rest Tavern 2000, an information was laid by Stipendiary Steward Mr M Davidson against Licensed Jockey Mr Daniel Bothamley, alleging a breach of Rule 638 (1) (d) in that Mr Bothamley permitted his mount, NO DIFFERENT, to shift in near the winning post on the first occasion when not clear of DREAMZEEL which was checked.
--Mr Bothamley did not admit the breach and chose to be present at the hearing of the information.
--Rule 638 provides as follows :
(1) a rider shall not ride a horse in a manner which the Judicial Committee considers to be :
(d) careless.
Mr Davidson commenced by introducing witness Mr Daniel Stackhouse, rider of DREAMZEEL. Mr Stackhouse, through questioning, explained that at about the 1800m mark he had to check his mount. He had jumped well and was in the lead but was checked and had to ease back when Mr Bothamley’s mount crossed in front of him, contacting his horse’s front feet. Mr Stackhouse considered that Mr Bothamley’s mount was approximately ¾ of a length ahead when it crossed over. Mr Stackhouse stated that he called to Mr Bothamley to “keep going Dan”.
--Stipendiary Steward Mr Neal then used video film to show that Mr Stackhouse had maintained a straight line and that Mr Bothamley had gradually moved towards the running rail but was not sufficiently clear to complete the manoeuvre legally. Mr Neal stated that it was Mr Bothamley’s responsibility to ensure that he was at least 1 clear length ahead before continuing his inward movement. Mr Neal stated that Mr Bothamley was only ¾ length ahead at the time of contact and that Mr Stackhouse’s mount had maintained a straight line and had not contributed to the incident. Mr Neal stated that Mr Bothamley had a duty of care to give room on the inside, especially as they were approaching a bend.
--Mr Bothamley’s defence was brief, stating that he felt that he had not committed any breach. When encouraged to use video, he repeated this statement.
--Mr Bothamley had no questions of Mr Stackhouse.
--Mr Neal again stated that the continual inward movement of Mr Bothamley’s horse was gradual rather than abrupt.
--The committee adjourned to consider its decision.
--DECISION AND REASONS
--The committee found the allegation of a breach of Rule 638 (1) (d) to be proven. Before considering penalty the committee asked for a copy of Mr Bothamley’s riding record (relevant to the information) over the past 12 months, and also for a suggested range of penalty.
--Mr Bothamley had two previous suspensions over the past 12 months
(1) Riccarton 04 April 2009 (4 days),
(2) Wingatui 03 November 2009 (3 days).
Mr Davidson stated that a suspension of 2 weeks was appropriate and that the stipendiary stewards felt that this incident was in the mid range.
Mr Bothamley had no comment to make regarding possible penalty.
--The committee adjourned to consider penalty.
--PENALTY
--In determining penalty the committee took into account the following matters : Mr Bothamley not admitting the breach; his riding record – two breaches in the past 12 months; that the level of carelessness was mid range; Mr Bothamley did request a deferment pursuant to Rule 1106 (2).
--Having regard to those matters Mr Bothamley was suspended for the period from 27 November 2009 up to and including racing on 12 December 2009 (2 weeks).
--Nigel Skelt Alan Dennis
CHAIR Committee Member
5593
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 638.1.d, 1106.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: cdec8c29b06a7fdb26cc4a7e810cec83
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3da367ac6dbaf5d984e40b2262a8e2eb
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/11/2009
meet_title: Winton JC - 20 November 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-jc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Winton JC