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Cambridge JC 2 June 2021 - R 7 - Chair Hon JW Gendall QC

Created on 03 June 2021

Rules:
638(1)(d)
Committee:
WGendall (chair)
Name(s):
Mr O Bosson - Class A Licensed Jockey
Mr M Williamson - Senior Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A14046
Plea:
Admitted
Charge:
Careless Riding
Evidence:

After the running of Race 7, the NZB Insurance Pearl Series 1300, Mr B Jones, Stipendiary Steward presented an Information alleging that Mr O Bosson breached Rule 638(1)(d) by riding carelessly. It was alleged that he permitted his mount FONTS DE L’ALGAR, when near the 300 metres point, to shift out when not sufficiently clear of SHEZAWINKLE (Ms S Spratt), CATHAY NOVA (Mr L Innes), ERIDANI (Mr A Goindasamy) and TANGODANZER (Mr S Weatherley) which were all hampered.

Ms Bosson admitted the breach of the Rule.

Mr Williamson illustrated from the Race films that Mr Bosson’s mount, FONTS DE L’ALGAR was travelling well at the 350 metre point but was behind a wall of horses with no run then available to it. Mr Bosson then shifted out into SHEZAWINKLE which was forced out onto CATHAY NOVA, ERIDANI (outside of that) and TANGODANZER (outside of that), all of which horses were significantly hampered. Mr Bosson’s mount finished 2nd.
Mr Bosson contended that although he was guilty of careless riding, “it was not entirely my fault as Ms Spratt [riding SHEZAWINKLE] turned away from me”. The Committee’s conclusion is that the movement of SHEZAWINKLE occurred only because Mr Bosson’s mount was forcing it outwards.

Decision:

As the breach was admitted the Committee found the charge proved. 

Submission For Penalty:

Mr Jones contended that the careless riding fell into the mid-range although tending toward high-range, because of the number of horses affected. He advised that Mr Bosson had 3 offences for careless riding since November 2020, including 2 on the same day on 1 January 2021 for which he had attracted penalties of 5,6, and 7 day suspensions plus fines.

Mr Bosson accepted that some suspension must follow but sought a deferment of 10 days as he has committed riding engagements over that period.

Reasons For Penalty:

The Committee accepts the level of carelessness was mid/high. From a suggested starting point of a 6 day suspension, the aggravating factors of previous offences (albeit some in Group racing) justify an uplift of 2 national riding days. In addition a fine of $400 (a little less than the Guide records) but is measured against the relative severity of the term of suspension.

Penalty:

Accordingly Mr Bosson is suspended for 8 national riding days to commence at the conclusion of racing on 12 June 2021, and to end at the conclusion of racing on 25 June 2021. In addition he is fined $400.

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