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Auckland RC 26 January 2019 - R 4 - Chair, Mr A Dooley

Created on 28 January 2019

Rules:
638(1)(d)
Committee:
ADooley (chair)
GJones
Name(s):
Mr O Bosson - Rider of PROBABEEL
Mr A Coles - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12130
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 4, Karaka Million 2YO (Restricted Listed Race) an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Bosson permitted his mount PROBABEEL to shift in near the 900 metres when insufficiently clear of EXUBERANT and AALAALUNE which were crowded losing ground.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Bosson said he understood the Rule and confirmed that he admitted the breach.

Mr Coles demonstrated the incident using the available video footage. He identified that leading up to the interference EXUBERANT (J Waddell) was racing ungenerously. He said that Mr Bosson allowed his mount to shift in from a 4 wide position near the 900 metres when only a bare length clear of EXUBERANT. He said as a result EXUBERANT was crowded onto AALAALUNE and they both lost ground. He said a contributing factor to the incident was the racing manners of EXUBERANT which was over racing. He said that once Mr Bosson realised Mr Waddell had improved to his inside he relieved the inward pressure. However, he added that the crowding had already occurred.

Mr Bosson said that he moved in from a 4 wide position near the 900 metres and EXUBERANT who was racing on his inside was throwing its head up in the air. He said at that point EXUBERANT had “dropped off” but when he went to shift in the rider of EXUBERANT had “kicked up” inside him. He said as a result that runner put pressure onto AALAALUNE which was crowded. He added that the incident was not all his fault.

Decision:

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

Submission For Penalty:

Mr Oatham produced Mr Bosson’s record which showed 2 previous breaches under this Rule in the last 12 months. He said that Mr Bosson admitted the breach and he described his record as a neutral factor. He said the racing manners of EXUBERANT were a significant mitigating factor with the horse racing ungenerously. Mr Oatham assessed the level of carelessness as low end and the aggravating factor was the interference occurred in a 1 million dollar race.

Mr Oatham said that the interference occurred early in the race and Mr Bosson’s actions were not a result of a win at all costs attitude. He said there would normally be an uplift for the status of the race and the stake payable nonetheless he believed that it should not be a harsh increase. He submitted a suspension in the 6 to 8 day range would be appropriate.

In response to a question from the Committee Mr Oatham said the Stewards were not seeking a fine in addition to a suspension because Mr Bosson “did not throw caution to the wind” when winning the race.

Mr Bosson submitted that he was booked to ride the 2 favourites in the Group 1 races at Te Rapa on 9 February. He asked the Committee to consider imposing a 6 day suspension so he could ride at Te Rapa. Mr Bosson said that he had no rides at Te Teko on Monday 28 January.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee did give due consideration to Mr Bosson’s request for a 6 day suspension so he could ride at Te Rapa on 9 February.

The Committee adopted the view that the importance of Iconic / Premier upcoming meetings should be in the forefront of jockeys’ minds, causing them to be even more determined not to breach the Rules. The Committee reminded Mr Bosson of this fact on 9 January at Matamata when he was last suspended. On that occasion Mr Bosson missed a Group 1 ride on the favourite MELODY BELLE.

In our opinion there were no compelling or exceptional circumstances placed before us to justify a 6 day suspension.

To impose a 6 day suspension would be not only inconsistent with other penalties imposed on Riders throughout the country, it would leave us with no ability to consider or apply any uplift for the status of the race and the stakes payable. We felt that would, in the circumstances be inappropriate.

When reviewing the incident the Committee observed that EXUBERANT was racing ungenerously with its head in the air for some distance early in the race. It was evident that near the 900 metres Mr Bosson permitted his mount to shift in 1 horse width when not the required distance clear of EXUBERANT. As a result that runner was crowded in onto AALAALUNE which lost about 2 lengths. We accept the racing manners of EXUBERANT were of no assistance to Mr Bosson and this exaggerated the incident. The Committee deemed the level of carelessness displayed by Mr Bosson was low range.

The JCA Penalty Guide starting point for low range carelessness is 6 national riding days which was adopted.

Under the provisions of Rule 920(2) the aggravating factors were the Listed status of the race; the 1 million dollars stake payable and the consequences of Mr Bosson’s inward shift on the 2 affected horses who were crowded and lost some ground. The Committee was mindful that the Karaka Million is the richest race on the New Zealand Racing Calendar for 2 year old horses and all horses deserve an equal opportunity to compete. For these collective factors the Committee considered that a 4 day uplift was appropriate. This is consistent and in keeping with penalties handed out in other Iconic races.

The mitigating factors were Mr Bosson’s admission of the breach and his overall good record. For these collective factors Mr Bosson was afforded a 1 day reduction in penalty.

The Committee accepts, for the reasons previously highlighted, the particular circumstances in this case does not necessitate a fine to be imposed in addition to a suspension.

After taking into account all the above factors the Committee considered that an appropriate suspension was 9 national riding days.

Penalty:

Accordingly, Mr Bosson had his license to ride in races suspended for a period to commence after racing on 26 January and conclude after racing on 14 February 2019.

28 January race meeting at Te Teko was not included in Mr Bosson’s penalty because the declaration for riders had closed.

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