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Counties RC 23 November 2019 - R 2 - Chair, Mr A Dooley

Created on 25 November 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
BScott
Name(s):
Mr O Bosson - Class A Rider
Mr B Jones - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A11344
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 2, Franklin Long Roofing 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Bosson used his whip excessively prior to the 100 metres when riding MAGNUM.

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

Rule 638(3)(b)(ii) provides: A Rider shall not strike a horse with a whip in a manner or to an extent which is: excessive.

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:

Prior to the 100-metre mark in a race, official trial or jump out:

(i) The whip should not be used on more than 5 occasions.

(ii) The whip should not be used in consecutive strides.

Mr Jones demonstrated the incident using the available video footage. He identified Mr Bosson and showed that he struck his mount 8 times prior to the 100 metres. He said the whip was used for 2 consecutive strides on 3 separate occasions which was also a breach of the Whip Guidelines.

Mr Bosson said that he accepted Mr Jones’ interpretation of the incident.

Decision:

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

Submission For Penalty:

Mr Williamson said that Mr Bosson had a clear record under this Rule since the new Whip Guidelines were effective on 7 October 2019. He submitted that Mr Bosson had breached both the excessive use of the whip and for consecutive strides. He said the higher of the two penalties was a $300 fine which was appropriate.

Mr Bosson accepted that a momentary penalty would be imposed.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

The new JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.

The Committee notes that MAGNUM won the race by a nose and in addition Mr Bosson used his whip excessively and on consecutive strides. These combined aggravating factors warranted a $200 uplift in penalty.

The strikes were not forceful.

Penalty:

Accordingly, Mr Bosson was fined $500.

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