Auckland RC 1 January 2021 – R 3 – Chair, Mr G Jones
ID: JCA18057
Code:
Thoroughbred
Meet Title:
Auckland RC - 1 January 2021
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2021/01/01
Race Number:
R3
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Bosson’s licence to ride in races is suspended for a period of 5 days commencing after racing on 4 January 2021 and concluding after racing on 15 January 2021.
Facts:
This charge arises from the running of Race 3, the Barneswood Farm Eclipse Stakes (Group 2). Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging that the Rider of SWORD OF STATE (Mr O Bosson), “permitted his mount to shift in near the 1100 metres when not clear of BRIX which was crowded on to IMPERATRIZ which was crowded and steadied”.
Mr Bosson acknowledged he understood 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.
Preliminary discussion
This charge was heard later in the programme and unfortunately for Mr Bosson the Committee was aware that he was facing a further charge of careless riding arising from the running of Race 4. On that basis the two charges were heard back-to-back. This was done so to enable full and proportionate consideration (in keeping with the totality principle), to be given to the penalties for the respective charges. In that regard this decision should be read in conjunction with our penalty decision for race 4 as it provides further detail in terms of our decision-making framework.
In addition, Mr D Ellis (Te Akau Principal), sought permission to be present auldt the hearing(s). There were no objections raised by Stewards. Mr Ellis was advised by the Committee of, and he accepted the provisions of Rule 916(1), which prohibits Counsel or Lay Advocate representation at a raceday hearing. The Committee did however afford Mr Ellis the opportunity to sit-in on the hearing as an interested party and to provide some general commentary in relation to penalty. In this regard we were all clear and accepting on what role Mr Ellis could reasonably and realistically play in this hearing without overstepping the intent or spirit of Rule 916 (1).
The Evidence
Using all available video footage Stipendiary Steward, Mr Williamson demonstrated the incident and identified all horses and riders referred to in the Information; namely SWORD OF STATE (O Bosson), BRIX (S Collett) and IMPERATRIX (D Johnson).
Mr Williamson told the Committee that nearing the 1100 metre mark SWORD OF STATE was racing three off the fence with BRIX to its inside and IMPERATRIX behind BRIX on the running rail. He said that at this point Mr Bosson allowed his mount to shift in and in doing so placed BRIX in restricted racing room, who in turn crowded and hampered IMPERATRIX. He said that in shifting in Mr Bosson simply did not leave sufficient room for the two horses to his inside. He added that although the two horses were crowded (not checked) Ms Johnson had to take hold and concede her position. Using the side on, back straight and hill tower films Mr Williamson emphasised this point.
In response Mr Bosson stated that he admits the breach but believed that Ms Johnson had taken hold of her mount before any pressure was applied as a result of his inward shift. He added that he did not shift in sharply.
Submissions for Penalty:
Mr Oatham produced Mr Bosson’s riding record which indicated one previous breach under the careless riding Rule in the last 12 months. This occurred at the Counties meeting on 21 November 2020 and resulted in a 7-day suspension.
Mr Oatham said Stewards assessed the level of carelessness in the lower range. He identified that the 1200 metre start point at Ellerslie can be “tricky” and that Mr Bosson’s mount was an inexperienced 2-year-old. In addition, BRIX’s chances were not badly affected and IMPERATRIX went on and won the race.
Mr Oatham submitted that the breach occurred in a Group 2 race and this should be factored in to any proposed penalty.
In response Mr Bosson reminded the Committee that he had another similar charge pending and that he would like any penalty imposed to enable him to ride at the forthcoming Wellington meeting (16 January 2021). Mr Bosson suggested a penalty of 4 day suspension and a fine.
In response to a query from the Committee he indicated he was in a position to pay a larger (than normal) fine.
In relation to this charge Mr Bosson did not seek a deferment, but did enquire as to whether the recently introduced 10-day deferment Directive included 10 calendar days or 10-national riding days. He was advised 10-calandar days.
In respect of this charge Mr Ellis, with leave of the Committee, submitted that on his instructions Ms Johnson's tactics were to pull her mount back at the start and not to contest the lead. He submitted that the crowding IMPERATRIX suffered was made to look worse than it actually was.
Reasons for Penalty:
After considering the submissions and reviewing the race film the Committee determined Mr Bosson’s carelessness to be in the low range. We adopted a 4 day (suspension) and $250 (fine) as our starting point. This is in conformity with the NZTR Penalty Directive which recommends a 4 national day starting point and $250 fine for low range carelessness.
The available films confirmed that Mr Bosson’s inward shift was not sharp and although the two affected runners were inconvenienced their overall chances were not unduly affected.
Aggravating factors are that this breach occurred in a Group 2 race with stakemoney of $100,000, and there were consequences to two runners but one of those runners went on and won the race.
Rule 920 (2) empowers a Committee in imposing a penalty to have due 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.
In terms of the status of the race it is the practice of this Committee, which is consistent with how others have interpreted the Rule, to apply uplifts as follows:
Group (1) – 3-day uplift
Group (2) – 2-day uplift
Group (3) and Listed – 1-day uplift
Although this is not a mathematical or prescriptive process, it does provide for consistency and transparency as to how uplifts are applied. In addition, it is incumbent on all riders on Premier or Iconic racedays to be aware that in circumstances where they breach the Rules, the Rules do provide for the penalties to be uplifted at the discretion of the Committee. Further, Riders should also have in back of mind, pending Premier and Iconic racedays and avoid as far as possible placing potentail engagements for such meeting in jeopardy.
Therefore, in accordance with rule 920(2) the Committee applied 2-day (suspension) and $200 (fine) penalty uplift from our starting point.
The mitigating factors we considered included Mr Bosson’s admission of the breach and his very good riding record under this Rule. For those combined factors we afforded him a 1-day reduction.
After taking into account all the above factors the Committee considered that an appropriate suspension was 5 (national) days and $450 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: e7edd12b18473bf8db8836ed4fd32b51
informantnumber: A13441
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 02/01/2021
hearing_title: Auckland RC 1 January 2021 – R 3 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race 3, the Barneswood Farm Eclipse Stakes (Group 2). Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging that the Rider of SWORD OF STATE (Mr O Bosson), “permitted his mount to shift in near the 1100 metres when not clear of BRIX which was crowded on to IMPERATRIZ which was crowded and steadied”.
Mr Bosson acknowledged he understood 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.
Preliminary discussion
This charge was heard later in the programme and unfortunately for Mr Bosson the Committee was aware that he was facing a further charge of careless riding arising from the running of Race 4. On that basis the two charges were heard back-to-back. This was done so to enable full and proportionate consideration (in keeping with the totality principle), to be given to the penalties for the respective charges. In that regard this decision should be read in conjunction with our penalty decision for race 4 as it provides further detail in terms of our decision-making framework.
In addition, Mr D Ellis (Te Akau Principal), sought permission to be present auldt the hearing(s). There were no objections raised by Stewards. Mr Ellis was advised by the Committee of, and he accepted the provisions of Rule 916(1), which prohibits Counsel or Lay Advocate representation at a raceday hearing. The Committee did however afford Mr Ellis the opportunity to sit-in on the hearing as an interested party and to provide some general commentary in relation to penalty. In this regard we were all clear and accepting on what role Mr Ellis could reasonably and realistically play in this hearing without overstepping the intent or spirit of Rule 916 (1).
The Evidence
Using all available video footage Stipendiary Steward, Mr Williamson demonstrated the incident and identified all horses and riders referred to in the Information; namely SWORD OF STATE (O Bosson), BRIX (S Collett) and IMPERATRIX (D Johnson).
Mr Williamson told the Committee that nearing the 1100 metre mark SWORD OF STATE was racing three off the fence with BRIX to its inside and IMPERATRIX behind BRIX on the running rail. He said that at this point Mr Bosson allowed his mount to shift in and in doing so placed BRIX in restricted racing room, who in turn crowded and hampered IMPERATRIX. He said that in shifting in Mr Bosson simply did not leave sufficient room for the two horses to his inside. He added that although the two horses were crowded (not checked) Ms Johnson had to take hold and concede her position. Using the side on, back straight and hill tower films Mr Williamson emphasised this point.
In response Mr Bosson stated that he admits the breach but believed that Ms Johnson had taken hold of her mount before any pressure was applied as a result of his inward shift. He added that he did not shift in sharply.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Bosson’s riding record which indicated one previous breach under the careless riding Rule in the last 12 months. This occurred at the Counties meeting on 21 November 2020 and resulted in a 7-day suspension.
Mr Oatham said Stewards assessed the level of carelessness in the lower range. He identified that the 1200 metre start point at Ellerslie can be “tricky” and that Mr Bosson’s mount was an inexperienced 2-year-old. In addition, BRIX’s chances were not badly affected and IMPERATRIX went on and won the race.
Mr Oatham submitted that the breach occurred in a Group 2 race and this should be factored in to any proposed penalty.
In response Mr Bosson reminded the Committee that he had another similar charge pending and that he would like any penalty imposed to enable him to ride at the forthcoming Wellington meeting (16 January 2021). Mr Bosson suggested a penalty of 4 day suspension and a fine.
In response to a query from the Committee he indicated he was in a position to pay a larger (than normal) fine.
In relation to this charge Mr Bosson did not seek a deferment, but did enquire as to whether the recently introduced 10-day deferment Directive included 10 calendar days or 10-national riding days. He was advised 10-calandar days.
In respect of this charge Mr Ellis, with leave of the Committee, submitted that on his instructions Ms Johnson's tactics were to pull her mount back at the start and not to contest the lead. He submitted that the crowding IMPERATRIX suffered was made to look worse than it actually was.
reasonsforpenalty:
After considering the submissions and reviewing the race film the Committee determined Mr Bosson’s carelessness to be in the low range. We adopted a 4 day (suspension) and $250 (fine) as our starting point. This is in conformity with the NZTR Penalty Directive which recommends a 4 national day starting point and $250 fine for low range carelessness.
The available films confirmed that Mr Bosson’s inward shift was not sharp and although the two affected runners were inconvenienced their overall chances were not unduly affected.
Aggravating factors are that this breach occurred in a Group 2 race with stakemoney of $100,000, and there were consequences to two runners but one of those runners went on and won the race.
Rule 920 (2) empowers a Committee in imposing a penalty to have due 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.
In terms of the status of the race it is the practice of this Committee, which is consistent with how others have interpreted the Rule, to apply uplifts as follows:
Group (1) – 3-day uplift
Group (2) – 2-day uplift
Group (3) and Listed – 1-day uplift
Although this is not a mathematical or prescriptive process, it does provide for consistency and transparency as to how uplifts are applied. In addition, it is incumbent on all riders on Premier or Iconic racedays to be aware that in circumstances where they breach the Rules, the Rules do provide for the penalties to be uplifted at the discretion of the Committee. Further, Riders should also have in back of mind, pending Premier and Iconic racedays and avoid as far as possible placing potentail engagements for such meeting in jeopardy.
Therefore, in accordance with rule 920(2) the Committee applied 2-day (suspension) and $200 (fine) penalty uplift from our starting point.
The mitigating factors we considered included Mr Bosson’s admission of the breach and his very good riding record under this Rule. For those combined factors we afforded him a 1-day reduction.
After taking into account all the above factors the Committee considered that an appropriate suspension was 5 (national) days and $450 fine.
penalty:
Accordingly, Bosson’s licence to ride in races is suspended for a period of 5 days commencing after racing on 4 January 2021 and concluding after racing on 15 January 2021.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Rider of SWORD OF STATE
Otherperson: Mr M Williamson - Senior Stipendiary Steward, Mr D Ellis - Principal Te Akau
PersonPresent:
Respondent:
StipendSteward:
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meetdate: 01/01/2021
meet_title: Auckland RC - 1 January 2021
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