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Ashburton RC 7 April 2021 - R 4 - Chair, Mr S Ching

Created on 12 April 2021

Rules:
638(1)(d)
Committee:
SChing (chair)
Name(s):
Mr D Bothamley - Class A Rider
Mr J Oatham - Chief Stipendiary Steward
Ms J Fawcett - Class A Rider
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A11759
Plea:
Denied
Charge:
Careless riding
Evidence:

Following the running of Race 2, the Dave Thomson Retirement Here We Come Maiden 1400, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr D Bothamley, in that he directed his mount ANCHOR ME outwards making contact with BLACKJAKK passing the 400m, forcing that runner outwards, severely hampering CALL ME COQUETTA, KERALA and SWEET STORM.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Bothamley had indicated on the Information that this breach of the Rules was not admitted, which he confirmed at the hearing. Mr Bothamley also agreed that he understood the charge and the Rule it was brought under.

Submission For Decision:

Mr Davidson gave evidence and showed relevant replays of the alleged incident with the assistance of Chief Stipendiary Steward, Mr J Oatham who showed ANCHOR ME, ridden by Mr Bothamley positioned two off the rail and trailing MIDDLE ISLAND, ridden by Miss K Williams, with BLACKJAKK, ridden by Miss J Fawcett on the outside of Miss Williams in a loose 3 wide position as the field approached the 400m. Mr Oatham pointed out the three runners immediately behind and to the outside of Mr Bothamley being CALL ME COQUETTA, ridden by Mr K Asano, KERALA, ridden by Mr J Laking and SWEET STORM, ridden by Mr T Moseley, in that order. Mr Oatham then demonstated Mr Bothamley attempt to take a run between Miss Williams and Miss Fawcett and in doing so made firm contact with Miss Fawcett’s mounts hindquarters which turned her mount sideways. Mr Oatham stated that the gap that Mr Bothamley was attempting to take was not a full run for him to take advantage of. He said that Mr Bothamley continued on with his outward movement making contact on a second occasion with Miss Fawcett’s mount who was forced out into the line of CALL ME COQUETTA who was hampered and forced to take evasive action which in turn severely hampered both KERALA and SWEET STORM. Mr Oatham added that MIDDLE ISLAND, ridden by Miss Williams did shift slightly outwards in the straight but this was after the first point of contact by Mr Bothamley.

Mr Davidson called Miss Fawcett as a witness for the Stewards.

She stated that her horse was travelling well as the field entered the straight. Miss Fawcett said that near the 400m just after entering the home straight her horse was turned sideways when Mr Bothamley attempted to force a run between herself and Miss Williams on her inner. She stated that she received further firm contact by Mr Bothamley which forced her wider on the track and into the line of the three runners to her outside.

Mr Bothamley stated that he believed that there was a gap of sufficient room for him to improve through on the inside of Miss Fawcett. He said that when he initially moved to improve through Miss Fawcett pulled the left rein in an attempt to hold him in. That, he said, made the incident look worse. Mr Bothamley added that MIDDLE ISLAND, moved outwards slightly at the same time and had added to the situation.

Reasons For Decision:

This Committee carefully considered all the evidence and reviewed the available footage of the incident. The Committee was satisfied that approaching the 400m Mr Bothamley was racing in a two wide position trailing Miss Williams with Miss Fawcett to her outside in a loose three wide position. The Committee is also satisfied that Mr Bothamley, when full of running, attempted to take a gap between Miss Fawcett and Miss Williams when that gap was insufficient in size for him to do so. The result was that firm contact was made with Miss Fawcett’s mount’s hindquarters turning her horse sideways. Mr Bothamley was committed to his run by then and continued on forcing a run making firm contact on a second occasion which shifted Miss Fawcett out into the line of the three runners to her outside causing severe hampering to those horses. The Committee therefore finds that Mr Bothamley has ridden carelessly on this occasion and therefore find the charge proved.

Decision:

The charge was found to be proved.

Submission For Penalty:

Mr Davidson stated that Mr Bothamley’s penalty record showed one breach of this Rule within the previous 12 months being at Invercargill on 11 February where he received a 3-day suspension and $250 fine for a low to mid-range breach. He said that prior to that breach Mr Bothamleys record was excellent and submitted that his record could be considered as a mitigating factor.

Mr Davidson stated that this breach was mid to high in carelessness with consequences in the high range. He submitted that a 6-7-day suspension combined with a fine of between $250 to $500 be considered as penalty.

Mr Bothamley requested that the meeting at Riccarton on Saturday be included in the suspension period but this was rejected as the riders had already been declared for that meeting. Deferment was not an option for Mr Bothamley as there were no relevant meetings over the next 7 days.

Reasons For Penalty:

In determining penalty this Committee took into consideration the level of carelessness which was determined as mid to high level and accordingly adopted a 6 National day and $500 starting point. The aggravating factor is the high level of consequences which warrants an uplift which is set at 1 day taking the suspension to 7 National days. Mr Bothamley’s record was excellent until his breach in February 2021 and the Committee is prepared to accept his record in mitigation to a degree in the fine that will be imposed. The fine is set at $400.

Penalty:

Accordingly, Mr Bothamley’s Class A Jockeys licence is suspended from the conclusion of racing 10 April 2021 up to and including 22 April 2021. In addition ,Mr Bothamley is fined the sum of $400.

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