Appeal O Bosson v RIU – Costs Ruling of Appeals Tribunal dated 25 January 2021 – Chair, Mr M McKechnie

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decisiondate: 26/01/2021

hearing_title: Appeal O Bosson v RIU - Costs Ruling of Appeals Tribunal dated 25 January 2021 - Chair, Mr M McKechnie

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appealdecision: NO LINKED APPEAL DECISION

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BEFORE AN APPEALS TRIBUNAL

OF THE JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

---IN THE MATTER- OF-New Zealand Thoroughbred Racing Rules

BETWEEN--OWEN PATRICK BOSSON (known as Opie Bosson)

APPELLANT
-

AND- --THE RACING INTEGRITY UNIT (RIU)

------RESPONDENT

Appeals Tribunal:----Mr Murray McKechnie, Chairman & Mr Noel McCutcheon

Present:-----Mr Bosson, Class A Jockey

Mr Paul Dale QC, Counsel for Mr Bosson

Mr David Ellis, Te Akau Racing

Mr John Oatham, Chief Stipendiary Steward

Mr Matthew Williamson, Stipendiary Steward

COSTS RULING OF APPEALS TRIBUNAL

DATED THIS 25th DAY OF JANUARY 2021

1.-In the reasons decision of the Appeals Tribunal dated 12 January 2021 submissions were sought on the question of costs. These have now been received.

2.-The RIU do not seek costs. They point out that the hearing took place at Ellerslie on a raceday. This is a generous position for the RIU to adopt.

Submissions have now been received from Mr Dale on behalf of Mr Bosson. It is said that Mr Bosson has already incurred considerable losses, that the Appeal was not wholly lacking in merit and further, that the hearing was conducted on a raceday and in an economical manner.

3.-While it is correct that the hearing took place on a raceday at Ellerslie, neither of the members of the Appeals Tribunal were sitting on the raceday Judicial Committee on that day. Each member of the Tribunal had to travel some distance to be present in Auckland on 10 January.

There were a number of issues raised in this Appeal which had not previously been considered by an Appeals Tribunal and which were of particular significance given the racing calendar for January of this year.

The Tribunal accepts that the appeal was not wholly lacking in merit, indeed as observed there were issues of particular significance to Mr Bosson, the Te Akau racing stable and how Appeal Tribunals might approach the relationship between suspensions and fines where a charge or charges of careless riding have been admitted or proven.

4.-In the circumstances outlined the Tribunal considers that Mr Bosson should make a modest contribution towards the significant costs incurred by the JCA. An appropriate figure is $600 and accordingly there will be an Order for that sum to be paid by Mr Bosson to the Judicial Control Authority.

DATED this 25th day of January 2021

Murray McKechnie

Chairman

(Signed pursuant to Rule 1007(5))

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