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Matamata RC 18 September 2019 - R 5 - Chair, Mr A Dooley

Created on 19 September 2019

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Mr O Bosson - Class A Rider
Mr M Williamson - Senior Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A09696
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 5, WAHAROA TRANSPORT CO (1995) LTD 1200, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr Bosson permitted his mount SUPER SID to shift out near the 325 metres when insufficiently clear of HAPPINESS FOREVER and LUSTFUL LADY who were both checked.

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 endorsed the Information that he denied the breach.

At the commencement of the hearing Mr Bosson sought permission to change his plea from a denied breach to an admitted breach. This request was granted by the Judicial Committee and Mr Bosson countersigned the Information.

Mr Williamson demonstrated the incident using the available video footage. He identified that SUPER SID was racing back in the field passing the 350 metres. He pointed out that Mr Bosson continued to angle his mount outwards when only 1 length clear of HAPPINESS FOREVER. As a consequence that runner was hampered and its rider had to ease his mount near the 325 metres. In addition he said that LUSTFUL LADY was checked as it was following HAPPINESS FOREVER. In mitigation he noted that LOVECHARM laid in onto LUSTFUL LADY which contributed to the incident. In conclusion he said Mr Bosson shifted out 2 to 3 horse widths and improved in a reasonable quick manner.

When given the opportunity to comment on the incident Mr Bosson had nothing to say.

Decision:

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

Submission For Penalty:

Mr Jones produced Mr Bosson’s record which showed 5 previous breaches under this Rule in the last 12 months. The most recent being 17 August 2019 which incurred a 5 day suspension. Mr Jones added that on 6 April 2019 Mr Bosson incurred a suspension in Australia which is included in the total. He described the level of carelessness as low range and suggested a 6 day suspension would be appropriate.

Mr Bosson said that he had engagements at Counties on 22 September and any proposed suspension could start after that date. He asked the Committee to take into account his admission of the breach and the carelessness was low range.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

When reviewing the incident the Committee found that Mr Bosson permitted his mount to shift outwards when entering the final straight. In doing so SUPER SID was not the required distance clear of HAPPINESS FOREVER which was inconvenienced and lost 1 length. It was noticeable that LUSTFUL LADY was checked due to LOVECHARM and HAPPINESS FOREVER both shifting ground. 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.

Mr Bosson’s record was deemed to be only fair with today being his 6th breach in the last 12 months. This aggravating factor warranted a 1 day uplift in penalty.

The mitigating factor was Mr Bosson’s admission of the breach.  For this he was afforded a 1 day reduction in penalty.

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

Penalty:

Accordingly, Mr Bosson had his license to ride in races suspended for a period to commence after racing on 22 September and conclude after racing on 3 October 2019.

The race meeting scheduled for Te Aroha on 29 September was not included in the penalty because the day is programmed for Jump / Highweight and Amateur riders only.

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