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Counties RC 31 October 2012 – R 9

ID: JCA15895

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Mr O P Bosson - Licensed Jockey

Other Person:
Mr A Coles - Stipendiary Steward

Information Number:
A2990

Hearing Type:
Hearing

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Counties RC - 31 October 2012

Meet Chair:
BScott

Meet Committee Member 1:
ADooley

Race Date:
2012/10/31

Race Number:
R9

Decision:

The charge is admitted and is accordingly proved.

Penalty:

The Committee orders that Mr Bosson's Licence be suspended from the conclusion of Racing on the 6th of November 2012 up to the conclusion of Racing on the 12th of November 2012. That is 4 days.

Charge:

Breach of Rule 638(1)(d)  Careless Riding

Facts:

An Information was lodged by Stipendiary Steward Mr M Williamson against Licensed Jockey Mr OP Bosson alleging that Mr Bosson when riding CARBIDE shifted in near the 150 metres mark dictating RODDICK (rider M Cropp) inwards causing crowding to DRAGON EYE (rider D Nolan) which shifted in causing a check to SAVARHYS (rider J Waddell).

Mr Bosson admitted the breach and was present at the Hearing.

Stipendiary Steward Mr A Coles demonstrated the incident by use of the video films. He showed CARBIDE 7 wide approaching the 150 metres mark and  he said that Mr Bosson was riding forward on an angle and as a result he moved in on RODDICK dictating that horse's line which resulted in it crowding  DRAGON EYE which resulted in SAVARHYS being checked.

Mr Coles said it was a quick movement in from Mr Bosson's horse. He did say that he thought there was some slight outwards movement at the time from MAKERS MARK and SMEDLEY and that the Committee should take this into account.

Submissions for Decision:

Mr Williamson said that Mr Bosson had shifted inwards in an abrupt manner and had not taken corrective action when he should have. He said that Mr Bosson had a duty of care to straighten his horse and that he should have stopped riding his horse when it shifted ground and should have straightened it. He said that when Mr Bosson did take some corrective action it was too late.

Mr Bosson said that his horse was a bit green and it just ducked in. He said it was only for a few strides and that he made an effort to straighten it. He said that his horse was only having its 3rd start.

Submissions for Penalty:

Mr Williamson sad that Mr Bosson had had 2 suspensions in the last 12 months for careless riding. He said that Mr Bosson did have a good record although he did again submit that Mr Bosson had a duty of care to make sure he did not cause interference. He did however submit that the offence was at the lower end of the scale of seriousness and that the Committee should take this into account when assessing penalty.  

Mr Bosson asked that there be a deferment of up to 7 days for any suspension of Licence imposed on him. He asked if the deferment of suspension could be to the 6th of November rather than the full 7 days. 

Reasons for Penalty:

The Committee listened to the submissions from both parties and also viewed the films a number of times. The films show the incident very clearly and show not only the inwards movement from CARBIDE but also the checks to the other horses inside it.  CARBIDE has moved in sharply and although it was only for a few strides the corrective action taken by Mr Bosson was too late. Mr Bosson tells us that his horse was green but as far as this Committee is concerned he should have been aware of this because he rode the horse at its last start. He is also a very experienced and skilful Jockey and there was a duty on him to maintain a straight line in the run to the finish.

Mr Williamson has told us that the interference is at the lower end of the scale but we do not agree. We would accept that the offence is more at the mid to low mid range of seriousness.

Mr Bosson has asked that any suspension be deferred until after Racing on the 6th of November and he is entitled to that.

In assessing penalty we have taken into account Mr Bosson's admission of the breach although in reality he had no other option. We have also taken into account his record.We have also looked at the degree of interference to the other horses which as we have said is in our view more serious than as suggested by Mr Williamson. The accepted starting point penalty for interference is a 5 day suspension of Licence but in this instance we believe it should be slightly less  than that.

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: e1de9a979bca8e27d945f880d0a2d0c9


informantnumber: A2990


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/10/2012


hearing_title: Counties RC 31 October 2012 - R 9


charge:

Breach of Rule 638(1)(d)  Careless Riding


facts:

An Information was lodged by Stipendiary Steward Mr M Williamson against Licensed Jockey Mr OP Bosson alleging that Mr Bosson when riding CARBIDE shifted in near the 150 metres mark dictating RODDICK (rider M Cropp) inwards causing crowding to DRAGON EYE (rider D Nolan) which shifted in causing a check to SAVARHYS (rider J Waddell).

Mr Bosson admitted the breach and was present at the Hearing.

Stipendiary Steward Mr A Coles demonstrated the incident by use of the video films. He showed CARBIDE 7 wide approaching the 150 metres mark and  he said that Mr Bosson was riding forward on an angle and as a result he moved in on RODDICK dictating that horse's line which resulted in it crowding  DRAGON EYE which resulted in SAVARHYS being checked.

Mr Coles said it was a quick movement in from Mr Bosson's horse. He did say that he thought there was some slight outwards movement at the time from MAKERS MARK and SMEDLEY and that the Committee should take this into account.


appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson said that Mr Bosson had shifted inwards in an abrupt manner and had not taken corrective action when he should have. He said that Mr Bosson had a duty of care to straighten his horse and that he should have stopped riding his horse when it shifted ground and should have straightened it. He said that when Mr Bosson did take some corrective action it was too late.

Mr Bosson said that his horse was a bit green and it just ducked in. He said it was only for a few strides and that he made an effort to straighten it. He said that his horse was only having its 3rd start.


reasonsfordecision:


Decision:

The charge is admitted and is accordingly proved.


sumissionsforpenalty:

Mr Williamson sad that Mr Bosson had had 2 suspensions in the last 12 months for careless riding. He said that Mr Bosson did have a good record although he did again submit that Mr Bosson had a duty of care to make sure he did not cause interference. He did however submit that the offence was at the lower end of the scale of seriousness and that the Committee should take this into account when assessing penalty.  

Mr Bosson asked that there be a deferment of up to 7 days for any suspension of Licence imposed on him. He asked if the deferment of suspension could be to the 6th of November rather than the full 7 days. 


reasonsforpenalty:

The Committee listened to the submissions from both parties and also viewed the films a number of times. The films show the incident very clearly and show not only the inwards movement from CARBIDE but also the checks to the other horses inside it.  CARBIDE has moved in sharply and although it was only for a few strides the corrective action taken by Mr Bosson was too late. Mr Bosson tells us that his horse was green but as far as this Committee is concerned he should have been aware of this because he rode the horse at its last start. He is also a very experienced and skilful Jockey and there was a duty on him to maintain a straight line in the run to the finish.

Mr Williamson has told us that the interference is at the lower end of the scale but we do not agree. We would accept that the offence is more at the mid to low mid range of seriousness.

Mr Bosson has asked that any suspension be deferred until after Racing on the 6th of November and he is entitled to that.

In assessing penalty we have taken into account Mr Bosson's admission of the breach although in reality he had no other option. We have also taken into account his record.We have also looked at the degree of interference to the other horses which as we have said is in our view more serious than as suggested by Mr Williamson. The accepted starting point penalty for interference is a 5 day suspension of Licence but in this instance we believe it should be slightly less  than that.


penalty:

The Committee orders that Mr Bosson's Licence be suspended from the conclusion of Racing on the 6th of November 2012 up to the conclusion of Racing on the 12th of November 2012. That is 4 days.


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Mr O P Bosson - Licensed Jockey


Otherperson: Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: bdc8d63644ee63baa924f18fbbc2bc84


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


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meetid: e1a05148bd1c10e956fbad8e9f68a579


meet_expapproval:


meet_noreport: 0


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meet_emailed1: 0


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meetdate: 31/10/2012


meet_title: Counties RC - 31 October 2012


meet_expappcomment:


meet_km:


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tracklocation: counties-rc


meet_racingtype: thoroughbred-racing


meet_chair: BScott


meet_pm1: ADooley


meet_pm2: none


name: Counties RC