Archive Decision

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Auckland RC 15 February 2020 – R 5 – Chair, Mr A Dooley

ID: JCA16417

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr O Bosson - Class A Rider

Information Number:
A13406

Hearing Type:
Hearing

New Charge:
Failed to make contracted weight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 15 February 2020

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2020/02/15

Race Number:
R5

Decision:

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

Penalty:

Mr Bosson was fined the sum of $600.

Facts:

Prior to the running of race 5 an Information was filed pursuant to Rule 330 (3) (c). The Informant, Mr Oatham, alleged that Mr Bosson failed to make the contracted weight for SWORD OF OSMAN.

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

Rule 330(3)(c) provides: “A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.

Mr Oatham advised that Mr Bosson failed to make the contracted weight of 55.5 kgs on SWORD OF OSMAN. He said that Mr Bosson was 1 kg over the required weight and Mr McNab was the replacement rider.

Mr Bosson said that he weighed himself on the scales in the Jockey’s room which indicted he was 0.5 kg overweight. He accepted that he was 1 kg over the carded weight on the Official Clerk of Scales.

Mr Oatham added that the scales in the Jockey’s room are not calibrated frequently and they should be used as a guide only.

Submissions for Penalty:

Mr Oatham said that Mr Bosson’s overall record is a concern with today being his 3rd breach in 120 days. He said his first breach on 27/11/2019 was dealt with by way of a Minor Infringement ($100 fine), whereas the breach on 26/12/2019 related to two black type races and resulted in a $500 fine. He stated that this breach occurred in a $40,000 race and related to one mount. Mr Oatham submitted a fine of not less than $500 would be appropriate.

Mr Bosson submitted that he would definitely prefer a fine as opposed a suspension because he has confirmed engagements on successive Saturdays over the next month.

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

We note that this is Mr Bosson’s third breach in the last 120 days and his most recent breach occurred in two Black Type races. Mr Bosson’s overall record in the last 12 months is not good.

Having considered the circumstances of this case we are of the view that a fine would be an appropriate penalty. Accordingly, we impose a fine of $600.

The Committee advised Mr Bosson that any further breach under this Rule in the near future may result in a suspension.

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: b267a5cc120f0ea999e0b841054e2e18


informantnumber: A13406


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to make contracted weight


plea: admitted


penaltyrequired: 1


decisiondate: 16/02/2020


hearing_title: Auckland RC 15 February 2020 - R 5 - Chair, Mr A Dooley


charge:


facts:

Prior to the running of race 5 an Information was filed pursuant to Rule 330 (3) (c). The Informant, Mr Oatham, alleged that Mr Bosson failed to make the contracted weight for SWORD OF OSMAN.

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

Rule 330(3)(c) provides: “A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”.

Mr Oatham advised that Mr Bosson failed to make the contracted weight of 55.5 kgs on SWORD OF OSMAN. He said that Mr Bosson was 1 kg over the required weight and Mr McNab was the replacement rider.

Mr Bosson said that he weighed himself on the scales in the Jockey’s room which indicted he was 0.5 kg overweight. He accepted that he was 1 kg over the carded weight on the Official Clerk of Scales.

Mr Oatham added that the scales in the Jockey’s room are not calibrated frequently and they should be used as a guide only.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Oatham said that Mr Bosson’s overall record is a concern with today being his 3rd breach in 120 days. He said his first breach on 27/11/2019 was dealt with by way of a Minor Infringement ($100 fine), whereas the breach on 26/12/2019 related to two black type races and resulted in a $500 fine. He stated that this breach occurred in a $40,000 race and related to one mount. Mr Oatham submitted a fine of not less than $500 would be appropriate.

Mr Bosson submitted that he would definitely prefer a fine as opposed a suspension because he has confirmed engagements on successive Saturdays over the next month.


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

We note that this is Mr Bosson’s third breach in the last 120 days and his most recent breach occurred in two Black Type races. Mr Bosson’s overall record in the last 12 months is not good.

Having considered the circumstances of this case we are of the view that a fine would be an appropriate penalty. Accordingly, we impose a fine of $600.

The Committee advised Mr Bosson that any further breach under this Rule in the near future may result in a suspension.


penalty:

Mr Bosson was fined the sum of $600.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr O Bosson - Class A Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 51f6f9e16dc1a138d4d6723019f3c903


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a50d147bb9529cc215e81f30e722227c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 15/02/2020


meet_title: Auckland RC - 15 February 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Auckland RC