R Rotorua 20 March 2019 – R 7 – Chair,Mr A Dooley
ID: JCA16616
Code:
Thoroughbred
Meet Title:
Racing Rotorua - 20 March 2019
Meet Chair:
ADooley
Race Date:
2019/03/20
Race Number:
R7
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Bosson was fined $300.
Facts:
Following the running of race 7, Waitomo Fuels 1400, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Bosson used the whip excessively when riding MAN OH MAN.
Mr Bosson endorsed the Information that he admitted the breach and he did not wish to be present at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Bosson and showed that he struck his mount 9 times prior to the 100 metres. He said Mr Bosson’s strikes were without the required respite of 5 strides.
Submissions for Penalty:
Mr Oatham said that Mr Bosson had a clear record under this Rule in the last 12 months. He submitted a $300 fine would be appropriate.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The Committee was satisfied that Mr Bosson used his whip on 9 occasions prior to the 100 metres without the required respite.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This starting point includes admission of the breach and a clear record.
There were no aggravating factors that warranted an uplift in penalty.
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: cd1e571c6b70d5640c43848879cbb471
informantnumber: A11504
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 21/03/2019
hearing_title: R Rotorua 20 March 2019 - R 7 - Chair,Mr A Dooley
charge:
facts:
Following the running of race 7, Waitomo Fuels 1400, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Bosson used the whip excessively when riding MAN OH MAN.
Mr Bosson endorsed the Information that he admitted the breach and he did not wish to be present at the hearing.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Bosson and showed that he struck his mount 9 times prior to the 100 metres. He said Mr Bosson’s strikes were without the required respite of 5 strides.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Mr Bosson had a clear record under this Rule in the last 12 months. He submitted a $300 fine would be appropriate.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The Committee was satisfied that Mr Bosson used his whip on 9 occasions prior to the 100 metres without the required respite.
The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This starting point includes admission of the breach and a clear record.
There were no aggravating factors that warranted an uplift in penalty.
penalty:
Accordingly, Mr Bosson was fined $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Rider of MAN OH MAN
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 320998b8b008d0d61737fa5961032b8a
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: 7f4bb8e9faccdea57e949c4b9d5f4159
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2019
meet_title: Racing Rotorua - 20 March 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-rotorua
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Rotorua