Masterton RC – 28 March 2010 – R 9

hearingid: d4567601a645c1b65ff0f424182c1267

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 28/03/2010

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Masterton RC - 28 March 2010 - R 9

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Information No:  6789

Meeting:  Masterton Racing Club

Date:  28 March 2010

Venue:  Tauherenikau

Race 9:  The Ballance Agri-Nutrients Stayers    

Rule:  638 (1) (d)

Judicial (Chair):  P Williams,  Committee:  T Castles

Plea:  Admitted

Appearing:  Informant:  Stipendiary Steward Mr R Neal

                  Defendant:  Mr O P Bosson

Following the running of race 9, the Ballance Agri-Nutrients Stayers Mr Bosson was charged with careless riding under rule 638 (1) (d).  The information alleged that “O P Bosson, the rider of ZANE BAY allowed his mount to shift out when not clear of HENRY PATRICK which was checked and went out onto JUSTINE’S PRIDE and KRAKATOA which were unbalanced near the 200m”.

Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”

Mr Bosson indicated on the information he admitted this breach of the rules.  He also agreed he understood the charge and the rule it was laid under.  As the breach of the rule was admitted the charge was proven.

Stipendiary Steward Mr Neal showed the head-on and side-on films of the incident and asked Mr Goodwin to describe the incident.  Mr Goodwin said that near the 200m mark Mr Bosson angled his horse out in search of a run when not the required distance clear of HENRY DANIEL ridden by Mark Hills. He pointed out that because of the tightening from Mr Bosson Mr Hills became unbalanced and was in turn forced out onto JUSTINE’S PRIDE ridden by Kelly Myers who was herself forced out onto KRAKATOA ridden by Jade Rogers – a chain reaction to the horses outside him.

In answer to a question from the Committee Mr Neal confirmed that the film did show KRAKATOA was moving in slightly towards JUSTINE’S PRIDE at the same time as Mr Hills was being forced out. Mr Goodwin said that whilst there was a chain reaction to the initial movement of Mr Bosson the main part of the incident related to Mr Bosson angling out into Mr Hills.

Mr Bosson said just prior to the incident he was “coming into the race quite fast, he was on the favourite and had no option other than to move out”.  He believed he had only just brushed Mr Hills but he agreed that Mr Hills did have to ease his horse.

Penalty Submission

In relation to penalty Mr Neal said Mr Bosson was a very busy senior national rider who was sought after by trainers throughout the country and overseas.  He advised Mr Bosson had had 5 suspensions in the previous 12 months under this rule as follows:-

Wellington, 30 January 2010 – 5 days

Hawkes Bay, 27 January 2010 – 4 days

Riccarton, 14 November 2009 – 4 days

Marton, 12 September 2009 – 4 days

Hawkes Bay, 27 June 2009 – 4 days

Mr Neal described Mr Bosson’s record as reasonably good considering the number of rides he gets every week.  He also said that Mr Bosson had upcoming riding engagements in Australia in mid-late April.  Mr Neal said that whilst the results of the initial interference to Mr Hills appeared to be dramatic it was the largest field of the day and there were a number of horses racing in close proximity to each other.  He also said that KRAKATOA, whilst receiving some of the flow on affect from the movement of Mr Bosson, was also laying in on JUSTINE’S PRIDE.  Mr Bosson had sought a run when there was not enough room and whilst he has not moved out a great amount the impact on Mr Hills was considerable and as a result Mr Hills became unbalanced.  He said Mr Bosson had gone onto win the race and Mr Hills finished 4^th.  Mr Neal said it was a busy time of the year with a number of high stakes races to be run in the near future and he thought that a suspension of 4 days was an appropriate penalty in this instance.

Mr Bosson had nothing additional to say other than he wanted to request a 7 day deferment to allow him to ride at the Sires Produce meeting at Awapuni on 3 April although it would also mean he would miss riding in another listed race at the same track 6 days later.

Decision

In coming to a decision on penalty the Committee has carefully considered all the submissions and films put before it.  In particular we have reviewed the head-on film several times. We have taken into account Mr Bosson’s admittance of the breach and his riding record.  We note that this is your sixth charge in 12 months and, notwithstanding you are one of the busiest riders in the country; we believe this record can best be described as fair.  Whilst we were initially of the view that a 5 day suspension was appropriate, after reviewing the films several times we find that the reasons to impose such a suspension are not as compelling as they appeared on first looking at the incident. We agree with the Stewards that your movement across onto Mr Hills is not that great but there was definite contact and it was more than enough to unbalance Mr Hills who in turn was moved across onto Ms Myers. The concertina affect on those affected does make the incident look worse than it actually was especially when we believe one of the horses deemed to be affected was itself laying in at the time of the incident.

We agree a period of suspension is the appropriate penalty and Mr Bosson is suspended from the conclusion of racing on Saturday 3 April 2010 until the conclusion of racing on Friday 9 April 2010, that being 4 riding days.  We also wish to remind you that this is your sixth suspension in 12 months and any further charges under this rule in the near future may result in a more significant penalty being imposed.

P Williams                                T Castles                                   

Chair                                        Committee Member        

6789

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 638 (1)(d)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid:

race_expapproval:

racecancelled:

race_noreport:

race_emailed1:

race_emailed2:

race_title:

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid:

meet_expapproval:

meet_noreport:

waitingforpublication:

meet_emailed1:

meet_emailed2:

meetdate: no date provided

meet_title:

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation:

meet_racingtype:

meet_chair:

meet_pm1:

meet_pm2:

name: