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Auckland RC 29 January 2017 - R 5 - Chair, Mr A Dooley

Created on 31 January 2017

Rules:
638(1)(d)
Committee:
ADooley (chair)
NMcCutcheon
Name(s):
Mr O Bosson - Rider of MELODY BELLE
Mr M Williamson -Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A8669
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 5, Karaka Million (Listed Race), an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Bosson allowed his mount MELODY BELLE to shift in near the 250 metres when not clear of DIJON BLEU which was hampered when crowded onto GIFT OF POWER.

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

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

Mr Williamson demonstrated the incident using the available video footage. He identified at the 300 metres Mr Bosson was racing in a 3 wide position with DIJON BLEU and GIFT OF POWER racing on his inside. He said Mr Bosson allowed his mount to shift in when not the required distance clear. In doing so DIJON BLEU was crowded which required Mrs McCulloch to take a hold of her mount for a short distance. He said the inward movement was gradual but noted DIJON BLEU and GIFT OF POWER made contact as a result of Mr Bosson’s shift.

Mr Bosson said he agreed with Mr Williamson's interpretation of the incident and had nothing further to add.

Decision:

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

Submission For Penalty:

Mr Oatham said that in the last 12 months Mr Bosson had incurred 1 suspension in Hong Kong and advised he was suspended for 4 days at Wellington yesterday. He said this was a relatively good record and assessed the level of carelessness was a little below mid-range. He said the clear aggravating fact was the interference occurred in New Zealand’s richest race. Mr Oatham invited the Judicial Committee to consider imposing a fine in addition to a suspension given that Mr Bosson went on to win the race.

Mr Bosson confirmed that he was suspended at Trentham yesterday, the suspension concludes on February 10. He asked the Committee to take into account the limited number of race meetings this month and his suspension would include some Premier race days.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension. This is adjusted based on mitigating and aggravating factors.

The mitigating factors were Mr Bosson’s admission of the breach and his good record for a busy rider which warrants a 1 day reduction. However, this has to be balanced against the aggravating factors.

Rule 920 (2) provides: On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:

(a) the status of the Race;

(b) the stake payable in respect of the Race;

(c) any consequential effects upon any person or horse as a result of the breach of the Rule; and/or

(d) the need to maintain integrity and public confidence in racing.

The Karaka Million is a Listed race with first prize money of $550,000 and the winning jockey percentage is $27,500. We consider this to be a significant aggravating fact which an uplift was applied.

When reviewing the incident we observed that Mr Bosson allowed his mount to shift in 1 horse width while still riding forward. In doing so it was evident that Mrs McCulloch the rider of DIJON BLUE sat up and had to stop riding her mount. In turn GIFT OF POWER was crowded to a lesser degree. We deemed the level of carelessness was in the vicinity of mid – range.

We note that DIJON BLEU finished 9th and GIFT OF POWER 10th.

The Committee was satisfied that Mr Bosson has a recent history of riding in the Central Districts on Industry days.

When fixing an appropriate penalty the Committee had regard for the fact that Mr Bosson’s suspension would include Group 1 Herbie Dyke Stakes-NRM Sprint raceday at Te Rapa and the Group 2 Avondale Cup-Guineas meeting at Ellerslie.

In general when a jockey rides in a careless manner in a Black Type race and finishes in a dividend bearing position an additional monetary penalty has been imposed. The Committee believes that a monetary fine was warranted given that Mr Bosson won the race. We determined that an increase on recent cases namely Mr Cameron and Ms Johnson was necessary given the $1 million stake.

After taking into account all the above factors the Committee considered an appropriate suspension was 6 days.

Penalty:

Accordingly, Mr Bosson had his license to ride in races suspended for a period to commence after racing on 10 February and conclude after racing on 23 February 2017 (6 days). In addition Mr Bosson was fined the sum of $2,000.

That period of suspension encompasses meetings at

11 February – Te Rapa – Premier 1

17 February – Wanganui

18 February – Ellerslie – Feature or Taranaki – Premier 2

19 February – Gisborne

22 February – Avondale

23 February - Wairoa

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