Auckland RC 28 February 2015 – R 5
ID: JCA16771
Code:
Thoroughbred
Meet Title:
Auckland RC - 28 February 2015
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2015/02/28
Race Number:
R5
Decision:
As Mr Bosson admitted the breach we find the charge proved.
Penalty:
We grant Mr Bosson’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Bosson has had his license to ride in races suspended for a period to commence after racing on 7 March and conclude after racing on 12 March (4 North Island days). In addition we impose a $750 fine.
Facts:
Following the running of race 5, BMW Mr Tiz Trophy, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Neal, alleged that PASSING SHOT (Mr Bosson) shifted out to obtain clear running when not clear of SHEES FLAWLESS (V Colgan) which had to be checked dropping back onto FLAMING ( L Innes) near the 400 metres.
Mr Bosson acknowledged that he understood the nature of the charge, 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.
Mr Oatham demonstrated the incident using side, rear and head – on video footage. The side on film at the 450 metres indicated that PASSING SHOT was racing in the trail adjacent to the running rail with SHEES FLAWLESS racing ¾ of a length behind him. Mr Oatham said that PASSING SHOT moved away from the rail to obtain clear running and in doing so checked SHEES FLAWLESS. As a result Mr Innes had to steady his mount to avoid SHEES FLAWLESS. He added that other horses including SMASHING were affected by the incident.
Mr Bosson told the Committee that he freely acknowledged shifting out onto SHEES FLAWLESS. However, he did not believe that other horses were affected by his actions.
Submissions for Penalty:
Mr Neal produced Mr Bosson’s record which showed one previous breach under this Rule in the last 12 months (December 2014 – 4 days). He said that Mr Bosson had an excellent record.
Mr Neal submitted the Committee ought to take into account the fact that Mr Bosson won the race and that the breach was in the mid – range, noting Mr Colgan had to take an abrupt hold of his mount. Mr Neal submitted that from a 5 day starting point the Committee should take into account Mr Bosson’s excellent record and admission of the breach as well as the Group 3 status of the race which may require a penalty uplift.
Mr Bosson advised that he had upcoming engagements at Ellerslie on 7 March, and sought a deferment to any proposed suspension. He also asked the Committee to take into account that he had ridden at the Ashburton meeting in November and therefore had established a record of recent riding in the South Island. In addition he asked the Committee to consider imposing a fine in addition to any proposed suspension because he had a ride in the New Zealand Oaks on 14 March.
In response Mr Neal submitted that Stewards oppose a combination of fine and suspension. Further he submitted that it would be problematic if the Committee considered the Ashburton meeting on 13 March as part of any proposed suspension as Mr Bosson is not a regular South Island rider.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Bosson’s admission of the breach and his very good record in relation to this Rule. The Committee is of the view that the level of carelessness is slightly below mid – range but we are mindful that as a consequence of Mr Bosson’s actions 2 horses were checked.
The Committee has factored into our decision the requirements of Rule 920 (2) which provides that on finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty the Judicial Committee have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
Accordingly, the Committee has given due regard to the status of the race (Group 3), the stake ($70,000) and the consequences of any proposed suspension.
Mr Bosson indicated to the Committee that any proposed suspension should include Ashburton 13 March because he last rode at Ashburton in November 2014. In this regard Mr Bosson was unable to provide any further evidence of having ridden at any other South Island meetings in the past 12 months. On that basis the Committee rejects 13 March (industry day) and we have treated Mr Bosson as a North Island rider. We note that Mr Bosson rides in the South Island infrequently, mainly on selected premier race meetings and not on industry days.
After taking into account all the above factors the Committee believes that this breach merits a 5 day suspension inclusive of both mitigating and aggravating factors. However, in exercising our discretion we have given due weight to the consequential effects on Mr Bosson namely that the 5th day of his proposed suspension would include the Group 1 Wellington Premier meeting on 14 March. We believe this would be disproportionally severe and accordingly we impose both a suspension and fine. The Committee is mindful of recent decisions imposed throughout the country which include a combination of suspension and fine when the last day of riders' proposed suspension is a Group 1 day.
JCA Decision Fields (raw)
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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: 9eb74c8dfc389b74837333795b79c1b0
informantnumber: A4365
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 02/03/2015
hearing_title: Auckland RC 28 February 2015 - R 5
charge:
facts:
Following the running of race 5, BMW Mr Tiz Trophy, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Neal, alleged that PASSING SHOT (Mr Bosson) shifted out to obtain clear running when not clear of SHEES FLAWLESS (V Colgan) which had to be checked dropping back onto FLAMING ( L Innes) near the 400 metres.
Mr Bosson acknowledged that he understood the nature of the charge, 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.
Mr Oatham demonstrated the incident using side, rear and head – on video footage. The side on film at the 450 metres indicated that PASSING SHOT was racing in the trail adjacent to the running rail with SHEES FLAWLESS racing ¾ of a length behind him. Mr Oatham said that PASSING SHOT moved away from the rail to obtain clear running and in doing so checked SHEES FLAWLESS. As a result Mr Innes had to steady his mount to avoid SHEES FLAWLESS. He added that other horses including SMASHING were affected by the incident.
Mr Bosson told the Committee that he freely acknowledged shifting out onto SHEES FLAWLESS. However, he did not believe that other horses were affected by his actions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Neal produced Mr Bosson’s record which showed one previous breach under this Rule in the last 12 months (December 2014 – 4 days). He said that Mr Bosson had an excellent record.
Mr Neal submitted the Committee ought to take into account the fact that Mr Bosson won the race and that the breach was in the mid – range, noting Mr Colgan had to take an abrupt hold of his mount. Mr Neal submitted that from a 5 day starting point the Committee should take into account Mr Bosson’s excellent record and admission of the breach as well as the Group 3 status of the race which may require a penalty uplift.
Mr Bosson advised that he had upcoming engagements at Ellerslie on 7 March, and sought a deferment to any proposed suspension. He also asked the Committee to take into account that he had ridden at the Ashburton meeting in November and therefore had established a record of recent riding in the South Island. In addition he asked the Committee to consider imposing a fine in addition to any proposed suspension because he had a ride in the New Zealand Oaks on 14 March.
In response Mr Neal submitted that Stewards oppose a combination of fine and suspension. Further he submitted that it would be problematic if the Committee considered the Ashburton meeting on 13 March as part of any proposed suspension as Mr Bosson is not a regular South Island rider.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Bosson’s admission of the breach and his very good record in relation to this Rule. The Committee is of the view that the level of carelessness is slightly below mid – range but we are mindful that as a consequence of Mr Bosson’s actions 2 horses were checked.
The Committee has factored into our decision the requirements of Rule 920 (2) which provides that on finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty the Judicial Committee have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
(c) any consequential effects upon any person or horse as a result of the breach of the Rule;
and/or
(d) the need to maintain integrity and public confidence in racing.
Accordingly, the Committee has given due regard to the status of the race (Group 3), the stake ($70,000) and the consequences of any proposed suspension.
Mr Bosson indicated to the Committee that any proposed suspension should include Ashburton 13 March because he last rode at Ashburton in November 2014. In this regard Mr Bosson was unable to provide any further evidence of having ridden at any other South Island meetings in the past 12 months. On that basis the Committee rejects 13 March (industry day) and we have treated Mr Bosson as a North Island rider. We note that Mr Bosson rides in the South Island infrequently, mainly on selected premier race meetings and not on industry days.
After taking into account all the above factors the Committee believes that this breach merits a 5 day suspension inclusive of both mitigating and aggravating factors. However, in exercising our discretion we have given due weight to the consequential effects on Mr Bosson namely that the 5th day of his proposed suspension would include the Group 1 Wellington Premier meeting on 14 March. We believe this would be disproportionally severe and accordingly we impose both a suspension and fine. The Committee is mindful of recent decisions imposed throughout the country which include a combination of suspension and fine when the last day of riders' proposed suspension is a Group 1 day.
penalty:
We grant Mr Bosson’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Bosson has had his license to ride in races suspended for a period to commence after racing on 7 March and conclude after racing on 12 March (4 North Island days). In addition we impose a $750 fine.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr R Neal - Co Chief Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Licensed Rider
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 8b951bdf5bdd292c97ef2071743f9450
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:
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race_pm2:
meetid: 6e27e183bb649a5e718c62154e0db5fe
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meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/02/2015
meet_title: Auckland RC - 28 February 2015
meet_expappcomment:
meet_km:
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tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Auckland RC