Waikato RC 17 August 2019 – R 7 – Chair, G Jones
ID: JCA15253
Code:
Thoroughbred
Meet Title:
Waikato RC - 17 August 2019
Meet Chair:
GJones
Meet Committee Member 1:
ADooley
Race Date:
2019/08/17
Race Number:
R7
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted Mr Bosson a deferment to his suspension pursuant to Rule 1106(2). Accordingly, Mr Bosson's license to ride in races is suspended for a period of 5 national days commencing after racing on 23 August 2019 and concluding after racing on 30 August 2019.
Facts:
This charge arises from the running of race 7, the BCD Group 1200. Chief Stipendiary Steward Mr J Oatham filed an Information pursuant to Rule 638 (1)(d) alleging the rider of TELLYWHAT (O Bosson) permitted his mount to shift out when insufficiently clear of JUST RAJ which was hampered near the 250 metres.
Mr Bosson acknowledged 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.
Using all available video footage Senior Stipendiary Steward Mr M Williamson demonstrated the breach and identified all horses and riders concerned. He told the Committee that nearing the 250-metre mark TELLYWHAT (O Bosson) shifted out into the centre of the track when racing slightly behind the lead horses. He said that in doing so Mr Bosson's mount checked and hampered JUST RAJ (M Cameron). He added that TELLYWHAT was only 1 length clear of JUST RAJ, but conceded that although Mr Cameron was required to take hold of JUST RAJ, it was battling at the time. Mr Williamson said that in mitigation Mr Bosson was required to shift wider than he originally intended because LOCK IT IN (D Danis) who was racing directly in front of him shifted out at the same time.
In response Mr Bosson submitted that it was “not major interference” and the rider of JUST RAJ (M Cameron) pulled back on his mount and made the check look much worse than it actually was.
Submissions for Penalty:
Mr Oatham produced Mr Bosson's riding record. This indicates 3 previous breaches under the careless riding rule in the last 12 months, namely:
26 October 2018 – low - 5-day suspension.
09 January 2019 – low - 5-day suspension
26 January 2019 – low but occurred in $1 million race – 9-day suspension
Mr Oatham added that Mr Bosson incurred a 13-day suspension in Australia on 6 April 2019 for careless riding in a Group 1 race. He said Stewards view Mr Bosson's record as a neutral factor in assessing penalty.
Mr Oatham said the level of carelessness was low end and there were mitigating circumstances in that the affected horse was fading and had Mr Bosson been more patient the interference would not have occurred. He added that a penalty consistent with a low-end breach would be appropriate.
Mr Bosson advised the Committee he has confirmed engagements at the Taupo meeting on 23 August and sought a deferment to any proposed suspension.
In terms of any anticipated penalty Mr Bosson submitted that he would like to be able to take mounts at the Hastings Premier meeting on 31 August 2019.
Reasons for Penalty:
On reviewing the available the race films, the Committee determined that near the 250-metre mark TELLYWHAT was racing in 5th place directly behind LOCK IT IN. The films showed that Mr Bosson shifted out into the running line of JUST RAJ which received a minor check. At the time TELLYWHAT was only 1 length clear of JUST RAJ. We accept that the shift out by LOCK IT IN, as was highlighted by Mr Williamson, may have caused TELLYWHAT’S to shift out further than Mr Bosson intended. We treat this as a mitigating factor in Mr Bosson's favour.
After considering the submissions of both the Informant and Respondent, and taking into account our interpretation of the race films, the Committee assessed the level of carelessness to be in the low range and we adopted a 6-day starting point. This is consistent with the JCA Penalty Guide which recommends a 6 (national) day starting point for low range carelessness.
Mr Bosson has 3 previous breaches in New Zealand, and 1 in Australia within the past 12 months. It is 7 months since his last New Zealand breach. Accordingly, we have treated his record as a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding days.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 7bbd120ce870dbdfcd020d20e19ac73b
informantnumber: A11328
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 18/08/2019
hearing_title: Waikato RC 17 August 2019 – R 7 – Chair, G Jones
charge:
facts:
This charge arises from the running of race 7, the BCD Group 1200. Chief Stipendiary Steward Mr J Oatham filed an Information pursuant to Rule 638 (1)(d) alleging the rider of TELLYWHAT (O Bosson) permitted his mount to shift out when insufficiently clear of JUST RAJ which was hampered near the 250 metres.
Mr Bosson acknowledged 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.
Using all available video footage Senior Stipendiary Steward Mr M Williamson demonstrated the breach and identified all horses and riders concerned. He told the Committee that nearing the 250-metre mark TELLYWHAT (O Bosson) shifted out into the centre of the track when racing slightly behind the lead horses. He said that in doing so Mr Bosson's mount checked and hampered JUST RAJ (M Cameron). He added that TELLYWHAT was only 1 length clear of JUST RAJ, but conceded that although Mr Cameron was required to take hold of JUST RAJ, it was battling at the time. Mr Williamson said that in mitigation Mr Bosson was required to shift wider than he originally intended because LOCK IT IN (D Danis) who was racing directly in front of him shifted out at the same time.
In response Mr Bosson submitted that it was “not major interference” and the rider of JUST RAJ (M Cameron) pulled back on his mount and made the check look much worse than it actually was.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Bosson's riding record. This indicates 3 previous breaches under the careless riding rule in the last 12 months, namely:
26 October 2018 – low - 5-day suspension.
09 January 2019 – low - 5-day suspension
26 January 2019 – low but occurred in $1 million race – 9-day suspension
Mr Oatham added that Mr Bosson incurred a 13-day suspension in Australia on 6 April 2019 for careless riding in a Group 1 race. He said Stewards view Mr Bosson's record as a neutral factor in assessing penalty.
Mr Oatham said the level of carelessness was low end and there were mitigating circumstances in that the affected horse was fading and had Mr Bosson been more patient the interference would not have occurred. He added that a penalty consistent with a low-end breach would be appropriate.
Mr Bosson advised the Committee he has confirmed engagements at the Taupo meeting on 23 August and sought a deferment to any proposed suspension.
In terms of any anticipated penalty Mr Bosson submitted that he would like to be able to take mounts at the Hastings Premier meeting on 31 August 2019.
reasonsforpenalty:
On reviewing the available the race films, the Committee determined that near the 250-metre mark TELLYWHAT was racing in 5th place directly behind LOCK IT IN. The films showed that Mr Bosson shifted out into the running line of JUST RAJ which received a minor check. At the time TELLYWHAT was only 1 length clear of JUST RAJ. We accept that the shift out by LOCK IT IN, as was highlighted by Mr Williamson, may have caused TELLYWHAT’S to shift out further than Mr Bosson intended. We treat this as a mitigating factor in Mr Bosson's favour.
After considering the submissions of both the Informant and Respondent, and taking into account our interpretation of the race films, the Committee assessed the level of carelessness to be in the low range and we adopted a 6-day starting point. This is consistent with the JCA Penalty Guide which recommends a 6 (national) day starting point for low range carelessness.
Mr Bosson has 3 previous breaches in New Zealand, and 1 in Australia within the past 12 months. It is 7 months since his last New Zealand breach. Accordingly, we have treated his record as a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding days.
penalty:
The Committee granted Mr Bosson a deferment to his suspension pursuant to Rule 1106(2). Accordingly, Mr Bosson's license to ride in races is suspended for a period of 5 national days commencing after racing on 23 August 2019 and concluding after racing on 30 August 2019.
hearing_type: Hearing
Rules: Rule 638 (1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Class A Rider of TELLYWHAT
Otherperson: Mr M Williamson - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f020545228648f0fd49930ba987753e0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b32e236ef97b19907a095b457cdaf894
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/08/2019
meet_title: Waikato RC - 17 August 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: ADooley
meet_pm2: none
name: Waikato RC