Canterbury JC 2 October 2021 – R9 – Daniel Bothamley

ID: RIB5032

Respondent(s):
Daniel Bothamley - Jockey

Applicant:
Mark Davidson, Stipendiary Steward

Adjudicators:
Russell McKenzie

Persons Present:
Veronica Algar - Stipendiary Steward, Kavish Chowdhoory - Rider of MY WORLD

Information Number:
A16571

Decision Type:
Adjudicative Decision

Charge:
Careless Riding

Rule(s):
638 (1) (d)

Plea:
Not Admitted

Animal Name:
Beneficial

Code:
Thoroughbred

Race Date:
02/10/2021

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R9

Hearing Date:
02/10/2021

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Jockey Daniel Bothamley suspended for 5 national riding days

SUMMARY OF FACTS:

Following Race 9, Pryde’s Easifeed Rating 74, Mr Bothamley was charged that, as the Rider of BENEFICIAL in the race, he allowed his mount to shift out when insufficiently clear dictating MY WORLD (Kavish Chowdhoory) out and onto ROBINA JOY (Kylie Williams) which was checked passing the 150 metres.

EVIDENCE:

Mr Davidson had Stipendiary Steward, Veronica Algar, point out the relevant runners on video replays of the final stages of the race. She pointed out BENEFICIAL, ridden by Mr Bothamley, improving against the running rail, and in tight quarters, inside the final 200 metres and racing on the inside of MY WORLD, ridden by Kavish Chowdhoory.  Outside and just ahead of MY WORLD at that stage was ROBINA JOY, ridden by Kylie Williams.

Mr Bothamley was riding his mount forward but was held up, Ms Algar said. Rather than restrain his mount, Mr Bothamley then angled out dictating Mr Chowdhoory, with Miss Williams’ mount being crowded and checked, losing considerable ground.

Mr Chowdhoory said that, at about the 150 metres, he had been held up. He was pressured by the horse on his inside, BENEFICIAL, which shifted his mount across heels. A gap had opened up for him and BENEFICIAL followed him through. All of the pressure had been from his inside. Mr Bothamley had no questions of Mr Chowdhoory and confirmed, when asked, that he accepted what Mr Chowdhoory had said.

Mr Davidson said that he proposed to call Kylie Williams only if required. He said that her evidence would be that she was maintaining a straight line but received pressure from her inside. She was not going forward at the time and was under pressure, but was entitled to her line of running. It was clear that her mount was checked, Mr Davidson, submitted.

Mr Bothamley said that the runner in front was coming back on him and that was the only reason he turned his mount’s head sideways, to clear its heels. His mount did not make any contact with Mr Chowdhoory’s, he said. He may have touched him earlier when things got tight, but he then followed him out. Mr Chowdhoory had “rolled off” and he had followed him out to put himself in a better position, Mr Bothamley said.

Mr Davidson submitted that although Mr Bothamley’s movement was only for a stride, that initial movement, perhaps a 1/2 horse width, had pushed Mr Chowdhoory out onto Ms Williams, creating a gap for Mr Bothamley and leaving no room for Mr Chowdhoory to shift back inwards.

DECISION:

The charge was found proved

REASON FOR DECISION:

The Adjudicator finds that Mr Bothamley, riding BENEFICIAL, was held up for racing room inside the final 200 metres. He said that the runner in front of him, CHALLA (S Toolooa) was coming back on him and it was necessary for him to shift out to avoid its heels. The Adjudicator finds that CHALLA was itself looking for racing room and running on, far from tiring.

The Adjudicator prefers the evidence of Ms Algar that Mr Bothamley angled out looking for racing room and, in doing so, dictated Mr Chowdhoory’s mount outwards, crowding Ms Williams in the process and causing her runner to be crowded and have to check. Mr Chowdhoory told the hearing that he received pressure from Mr Bothamley’s mount on his inside. The outwards movement by Mr Bothamley was deliberate and his explanation is not accepted. The Adjudicator is satisfied that Mr Bothamley rode carelessly.

SUBMISSIONS FOR PENALTY:

Mr Davidson said that Mr Bothamley has two previous breaches of the Careless Riding Rule on his record – on 7 April at Ashburton (mid-high, suspended 7 days and fined $400) and on 11 February at Southland (low-mid level, suspended 3 days and fined $250). So, Mr Bothamley has had no charge for 6 months, he said. Ms Williams has had to check her mount but, at that stage of the race, it is a “done prospect”.

This breach is in the low-to-mid range and Mr Bothamley’s record is reasonably good, Mr Davidson said. He submitted that a starting point of 5-6 days would be appropriate.

REASONS FOR PENALTY:

The Adjudicator decided that a 5-days starting point was appropriate. That is the starting point under the Penalty Guidelines for a low-level breach, in which category the Adjudicator is prepared to place this breach. Ms Williams’ mount did receive a check and lose ground near the finish of the race, but it is relevant that the check did not affect its chances. Mr Bothamley has only just overstepped the boundary of competitive riding. His mount was full of running and ran on strongly when it did secure racing room, to dead-heat for 6th in a blanket finish, a little more than a length from the winner.

There are no aggravating factors and Mr Bothamley’s record may be regarded as a neutral factor.

CONCLUSIONS:

Mr Bothamley’s Jockey’s Licence (Class A) is suspended from after the close of racing on 8th October up to and including 15th October 2021 – 5 national riding days.

Decision Date: 02/10/2021

Publish Date: 06/10/2021