Riccarton Park – Hororata 25 March 2023 – R8 – Daniel Bothamley

SUMMARY OF FACTS:

Following the running of Race 8, Daniel Bothamley, admitted a charge of excessive whip use on his mount, NORTIBUTNICE, prior to the 100 metres, in that he struck his mount 6 times.

Rule 638(3)(g)(i) provides that “in a Flat Race, a Rider must not strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins”. 

SUBMISSIONS:

Chief Stipendiary Steward, John Oatham, showed Mr Bothamley in the run home strike his mount 6 times. Mr Oatham submitted that Mr Bothamley won the race, but his sixth strike was close to the 100 metre mark.

Mr Bothamley accepted there were six clear strikes.

DECISION:

As the breach was admitted, the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham, said that Mr Bothamley had a clear record under this Rule. Mr Oatham submitted that the starting point was a $250 fine in reference to the Penalty Guide. Mr Oatham left it for the Adjudicative Committee to decide whether there should be an uplift, given that Mr Bothamley won the race.

Mr Bothamley said he would prefer a suspension.

REASONS FOR PENALTY:

The Adjudicative Committee agreed with Mr Oatham that a fine of $250 was appropriate. Mr Bothamley’s reasons for seeking a suspension did not justify the Adjudicative Committee departing from the Penalty Guide. The Adjudicative Committee considered that an uplift was not necessary, given that this was not a situation where it was a deliberate breach of the Rules in order to gain an advantage.

CONCLUSION:

Mr Bothamley is fined $250.