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Auckland RC 1 January 2018 - R 3 - Chair, Mr N McCutcheon

Created on 03 January 2018

Rules:
638(3)(b)(ii)
Committee:
NMcCutcheon (chair)
ADooley
Name(s):
Mr O Bosson - Rider of AL HASA
Mr A Coles - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A10031
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following the running of race 3, Barneswood Farms Eclipse Stakes(Group 3), an Information was filed pursuant to Rule 638(3)(b)(ii).The Informant, Mr Oatham, alleged that Mr Bosson used his whip in excessively prior to the 100 metres when riding AL HASA.

Mr Bosson acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(3)(b)(ii) provides: A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive

The “Guidelines with Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.

Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Coles demonstrated the incident using the available film replays. He identified Mr Bosson and showed that he struck his mount 9 times prior to the 100 metres.

Mr Bosson said that he does not “bash” his mounts but accepted that he rode outside the whip Guidelines and he “got it wrong”.

Decision:

As Mr Bosson admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Oatham said that Mr Bosson had 3 previous breaches of this Rule since 1 August 2017.

23/8/2017 - $300 fine

22/10/2017 - $1,000 fine (10 strikes, Group 1 race and his mount finished 2nd)

14/11/2017 – 6 day suspension (8 strikes low-end)

Mr Oatham said that Mr Bosson did not ride AL HASA in an aggressive manner. He said that Mr Bosson is having difficulty with the new whip Guidelines and described today's breach as low-end. He submitted that a suspension of 6-7 days would be appropriate.

Mr Bosson said that any suspension imposed could start after racing on 2 January. He said that he has just returned to race riding following weight issues and it has been somewhat of a trying time.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

The JCA Penalty Guide is as follows:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension.

The Committee adopted 7 riding days as the starting point.

There were no aggravating factors.

The mitigating factors were Mr Bosson’s admission of the breach, the number of strikes (9) with some pauses was deemed to be low-range and the force applied was also low.

The Committee considered that the breach occurred in a Group 3 Race worth $70,000. It was deemed that an increase was not warranted as no advantage had been gained and AL HASA ran 4th in the race.

After taking into account all the above matters the Committee considered an appropriate suspension was 7 days.

Penalty:

Accordingly, Mr Bosson had his license to ride in races suspended for a period to commence after racing on 2 January and conclude after racing on 12 January 2018.

(January 3 at Omakau was not included in the penalty because the declaration of riders had closed).

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