Archive Decision

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Auckland RC 8 March 2014 – R 7 & 10

ID: JCA16941

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Mr O Bosson - Licensed Rider

Information Number:
A6562

Hearing Type:
Hearing

New Charge:
Failed to make contracted weight

Rules:
330(3)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 8 March 2014

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2014/03/08

Race Number:
R 7

Decision:

As Mr Bosson admitted the breach we find the charge proved.

Penalty:

Accordingly, Mr Bosson is fined the sum of $500.

Facts:

Prior to race 7, an Information was filed pursuant to Rule 330(3) (c). The Informant, Mr Oatham, alleged that Mr Bosson was unable to make the contracted weight for VON KRUMM in race 7 and ALL’S FAIR in race 10.

Mr Bosson acknowledged that he understood the nature of the charge, the Rule and 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 the Committee that earlier in the day Mr Bosson had informed the Stewards he would not be able to make the contracted weight for 2 of his declared rides. Mr Oatham added Mr Bosson had been booked to ride both horses half a kilo over the carded weight.

Mr Oatham advised that Mr Bosson was replaced on both of his rides.

Mr Bosson told the Committee that he rode at 56.5 kg’s in race 6 and after the race he felt “ordinary”. Mr Bosson added that he consumed a couple of bottles of water in order to feel better and hydrated for his other engagements.

Submissions for Penalty:

Mr Oatham produced Mr Bosson's record which showed 4 previous breaches under this Rule in the last 12 months. He noted Mr Bosson's most recent breach on March 1 was dealt with by way of a minor infringement which attracted a $200 fine. Mr Oatham recognised Mr Bosson does struggle with his weight however, he said today was an important raceday with the connections and betting public being affected. He submitted a fine could be imposed on this occasion in the range of $400 to $600.

Mr Bosson submitted he would take time out after March in an endeavour to gain control of his weight. Mr Bosson did not wish to comment on any proposed penalty.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The only mitigating fact is Mr Bosson's admission of the breach. The aggravating factors are Mr Bosson's poor record under this Rule in the last 12 months. The connections of two horses were inconvenienced at short notice when Mr Bosson was unable to make the contracted weight. The betting public who had invested on Mr Bosson earlier in the day were clearly disadvantaged. As one of the country's leading riders there is always high public interest in Mr Bosson's mounts.

Whilst not unsympathetic that Mr Bosson has weight issues it is clear that fines are not assisting him to get his weight under control.

After taking into account all the above factors we consider an appropriate penalty is a $500 fine.

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: b5556f338becf2a68542a4b397e68291


informantnumber: A6562


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to make contracted weight


plea: admitted


penaltyrequired: 1


decisiondate: 10/03/2014


hearing_title: Auckland RC 8 March 2014 - R 7 & 10


charge:


facts:

Prior to race 7, an Information was filed pursuant to Rule 330(3) (c). The Informant, Mr Oatham, alleged that Mr Bosson was unable to make the contracted weight for VON KRUMM in race 7 and ALL’S FAIR in race 10.

Mr Bosson acknowledged that he understood the nature of the charge, the Rule and 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 the Committee that earlier in the day Mr Bosson had informed the Stewards he would not be able to make the contracted weight for 2 of his declared rides. Mr Oatham added Mr Bosson had been booked to ride both horses half a kilo over the carded weight.

Mr Oatham advised that Mr Bosson was replaced on both of his rides.

Mr Bosson told the Committee that he rode at 56.5 kg’s in race 6 and after the race he felt “ordinary”. Mr Bosson added that he consumed a couple of bottles of water in order to feel better and hydrated for his other engagements.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Bosson admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Mr Bosson's record which showed 4 previous breaches under this Rule in the last 12 months. He noted Mr Bosson's most recent breach on March 1 was dealt with by way of a minor infringement which attracted a $200 fine. Mr Oatham recognised Mr Bosson does struggle with his weight however, he said today was an important raceday with the connections and betting public being affected. He submitted a fine could be imposed on this occasion in the range of $400 to $600.

Mr Bosson submitted he would take time out after March in an endeavour to gain control of his weight. Mr Bosson did not wish to comment on any proposed penalty.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The only mitigating fact is Mr Bosson's admission of the breach. The aggravating factors are Mr Bosson's poor record under this Rule in the last 12 months. The connections of two horses were inconvenienced at short notice when Mr Bosson was unable to make the contracted weight. The betting public who had invested on Mr Bosson earlier in the day were clearly disadvantaged. As one of the country's leading riders there is always high public interest in Mr Bosson's mounts.

Whilst not unsympathetic that Mr Bosson has weight issues it is clear that fines are not assisting him to get his weight under control.

After taking into account all the above factors we consider an appropriate penalty is a $500 fine.


penalty:

Accordingly, Mr Bosson is fined the sum of $500.


hearing_type: Hearing


Rules: 330(3)(c)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Mr O Bosson - Licensed Rider


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: bf6dad71f3a1f795ec2b73b83c3fc5e0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 62fa9a4ffff5b86042e3a4606255eeb9


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 08/03/2014


meet_title: Auckland RC - 8 March 2014


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