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Auckland RC 5 November 2013 - R 5

Created on 07 November 2013

Rules:
638(1)(d)
Committee:
ADooley (chair)
GTankard
Name(s):
Mr O Bosson - Licensed Rider
Mr M Williamson - Stipendiary Steward
Informant
Mr J Oatham - Senior Stipendiary Steward
Information Number
A2912
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following race 5, Bach Espresso 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham alleged that near the 100 metres Mr Bosson allowed his mount LIQUID ASSET to shift in, crowding CONNOR JOHN (J Parkes) who was checked.

Mr Bosson acknowledged that he understood the nature of the charge and the Rule.

Mr Bosson advised the Committee that he denied the breach and did not wish to call any witness.

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

Submission For Decision:

Mr Williamson identified on the video films prior to the 200 metres LIQUID ASSET was racing on the extreme outside with CONNOR JOHN racing to his inside. He said Mr Bosson continued to ride his mount forward when it was shifting ground inwards and noted Mr Bosson made no attempt to straighten. He stated Mr Bosson shifted in 3 horse widths when only ¾ of a length clear of CONNOR JOHN.

Mr Williamson submitted that there was minor contribution to the incident from the inside. However, he stated the majority of interference came from LIQUID ASSET ridden by Mr Bosson.

Mr Oatham submitted that during the Stewards' investigation into the incident Mr Parkes, the rider of CONNOR JOHN, stated Mr Bosson was ¾ length clear of his mount.

Mr Bosson did not wish to cross examine Mr Parkes' earlier evidence when given the opportunity to do so by the Committee.

Mr Bosson under cross examination, asked Mr Williamson if the movement from the inside (Ms Collett) contributed to the incident for which he was being charged. Mr Williamson stated that the movement came from his mount LIQUID ASSET and he believed that he was the sole contributor to CONNOR JOHN being checked. He added that Ms Collett’s outward movement occurred after he had shifted in.

Mr Bosson submitted that his horse was very green and noted that LIQUID ASSET ducked in sharply just prior to the incident. He conceded that LIQUID ASSET did roll in and he turned his horse's head out to try and correct the movement. He said he was hitting his mount down the shoulder in an attempt to straighten it up.

Mr Oatham, in summing up, stated that Mr Bosson made an insufficient attempt to straighten LIQUID ASSET. He said the inward shift was gradual for approximately 100 metres. He noted Mr Bosson’s use of the whip was not an acceptable manner to stop the interference.

Mr Bosson in summing up referred to LIQUID ASSET’S greenness as a contribution to the incident.

Reasons For Decision:

The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video films several times we established that at approximately the 150 metres LIQUID ASSET shifts in when ridden forward with the whip. We note that Mr Bosson shifted in approximately 3 horse widths and he took no remedial action. In our view near the 100 metres Mr Bosson had an obligation to stop riding and straighten his mount. The films clearly show Mr Bosson was approximately ¾ of a length clear of CONNOR JOHN when dictating his rightful running line.

Mr Parkes the rider of CONNOR JOHN stated Mr Bosson was ¾ of a length clear when moving in.

The opinion of this Committee is that the inward shift was gradual over approximately 100 metres. We are satisfied that this breach occurred prior to Ms Collett’s outward movement.

Decision:

The Committee note that “interference” is defined as: a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing.

Therefore for the above reasons we are satisfied the charge is proved.

Submission For Penalty:

Mr Oatham produced Mr Bosson’s record which showed 3 previous breaches under this Rule in the last 12 months. He described Mr Bosson’s record as relatively good as a premiership winning jockey given his number of rides. He said in mitigation LIQUID ASSET was a “little bit green” and he noted Ms Collett’s outward movement exacerbated the incident. Mr Oatham assessed the level of carelessness as low to mid and submitted a 4 to 5 day suspension would be appropriate.

Mr Bosson submitted that he had firm commitments at Riccarton on November 9 and any period of suspension could commence after that. He added that he intended to ride all over the country in the next week.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. We assess Mr Bosson’s record in the last 12 months as average and we assess the level of carelessness in the low to mid-range. We note that Mr Bosson was only ¾ of a length clear when shifting in and he continued to ride his mount forward. We view these reasons as neutral.

After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.

Penalty:

We grant Mr Bosson’s request to seek a deferment to his suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Mr Bosson which will commence after racing on November 9 and conclude after racing on November 14 (5 days).

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