Auckland RC 1 January 2021 – R 4 – Chair, Mr G Jones
ID: JCA14962
Code:
Thoroughbred
Meet Title:
Auckland RC - 1 January 2021
Meet Chair:
GJones
Meet Committee Member 1:
BScott
Race Date:
2021/01/01
Race Number:
R4
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
Penalty:
Accordingly, Mr Bosson’s licence to ride in races is suspended for a period of 6 days commencing after racing on 15 January 2021 and concluding after racing on 28 January 2021. In addition, he is fined $750.
Facts:
This charge arises from the running of Race 3, the Valachi Downs Royal Stakes (Group 2), Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the Rider of ILLUSION OF PARIS (Mr O Bosson), “permitted his mount to shift in near the 1400 metres when not sufficiently clear of EZDARA which had to be steadied to avoid that runner’s heel, shifting in and crowding SWEET ANNA with FLEETWOOD MACA clipping a heel and blundering”.
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. Unfortunately, Mr Bosson incurred a further charge of careless riding arising from the running of Race 3. On that basis the two charges were heard back-to-back. This was done to enable full and proportionate consideration (in keeping with the totality principle), to be given in relation to the penalties for both charges.
In addition, Mr D Ellis (Te Akau Principal), sought permission to be present at 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 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 named in the Information: namely ILLUSION OF PARIS (O Bosson), EZDARA (J Fawcett), SWEET ANNA (M McNab) and FLEETWOOD MACA (A Calder).
Mr Williamson told the Committee that nearing the 1400 metre mark ILLUSION OF PARIS was racing three off the running rail with EZDARA to its inside and behind were SWEET ANNA (on the rails) and FLEETWOOD MACA. He said that from his three wide position Mr Bosson shifted in seeking to clear EZDARA, but in doing so he was no more than 1 to 1¼ lengths clear of that runner. As a consequence, Ms Fawcett has reacted and her mount has shifted inward when being restrained, and at the same time her mount was racing ungenerously. He said that coincidentally EZDARA was not clear of SWEET ANNA who was crowded against the running rail. There was a further chain reaction which caused FLEETWOOD MACA to blunder and its rider (Mr Calder) was fortunate that he was not dislodged.
Mr Williamson said that Mr Bosson’s inward shift was not big, but when he shifted in, he restrained and eased his mount. Further, it was Stewards assessment that EZDARA contributed to the consequences because it was racing greenly and (referring to the race films) it proved to be a difficult ride out of the first bend.
In concluding his summary of the incident Mr Williamson said that the carelessness was low and the consequences were exaggerated by the manners of EZDARA, but ultimately it was Mr Bosson who did not fulfil his obligation to shift in when clear of other runners.
In response Mr Bosson stated that the incident would not have occurred if Ms Fawcett’s mount was not racing “rank” (we assume referring to its manners). He said that he has only shifted in for half a stride.
Submissions for Penalty:
Mr Oatham produced Bosson’s riding record which indicated two previous breach under the careless riding Rule in the last 12 months. The most recent occurred in an earlier Race (Race 3) on today’s programme and that resulted in a 5-day suspension and $450 fine. Notwithstanding, he said that Mr Bosson’s overall record is reasonably good.
Mr Oatham said Stewards assessed the level of carelessness at low range adding that there were a number of issues that contributed to the incident and consequences to the affected runners. He said the issue is that Mr Bosson was never fully clear when he shifted in and also after shifting in, he restrained his mount quite heavily. Also, he said that Ms Fawcett’s mount has not cornered well and once she has taken hold her mount it ran in abruptly. In addition, he submitted that the incident did not have a bearing on the outcome of the race.
He advised that this breach occurred in a Group 2 race and this should be factored in to any proposed penalty.
He added that the recently promulgated NZTRA Directive was introduced to mitigate the lack of available senior riders available to take mounts in Group races, and that is why reduced penalty starting points have been introduced as well as fines.
In concluding his submission, he stated that the combined effect of the two charges against Mr Bosson have serious ramifications for him.
Mr Bosson did not seek a deferment to any proposed penalty and submitted he receive a 4-day suspension and a fine for which he said he was in a position to pay. The Committee granted Mr Ellis leave to be heard on the ramifications of suspending Mr Bosson, particularly not being able to ride at the pending Karaka Millions meeting on 23 January 2021. Mr Ellis submitted:
-That in relation to this charge the interference was the result of a very inexperienced Apprentice Rider and which made things look worse.
-That the Committee should take into account the Race Sponsors, the TAB and the Industry as a whole who may be affected by Mr Bosson incurring a suspension.
-That the impact for the Industry is significant, due to minor offences and he should be fined rather than suspended.
Reasons for Penalty:
After considering the submissions and reviewing the race film the Committee assessed Mr Bosson’s carelessness to be in the low range but there were consequences to other runners whose chances were affected to varying degrees. We have adopted a 4 day (suspension) and $250 fine as our starting point. This conforms with the NZTR Penalty Directive which recommends a 4 national day and $250 fine starting point for low range carelessness.
The available films established that Mr Bosson went forward near the 1400 metres and shifted in when not clear of EZDARA. The shift was not abrupt but after Mr Bosson made the shift he eased his mount and it was that which set off the chain reaction and consequences to the other runners. It was inferred that the incident would not have occurred had Ms Fawcett not reacted as she did, however, it is clear that her initial reaction was a result of Mr Bosson shift in and then easing.
The Committee fully accepts that Ms Fawcett’s mount was racing ungenerously and its manners contributed to the consequences. It is therefore, in part reason why we have assessed this breach as low end with some consequential impacts. The shift we believe was no more than an error of judgement on Mr Bosson’s part.
Aggravating factors are that this breach occurred in a Group 2 Race with stakemoney of $100,000. As we have already alluded to there were consequences to other runners who were affected to varying degrees, with one runner forced on to the running rail (SWEET ANNA) and another almost dislodged its rider (Mr Calder). We do not place full responsibility for this with Mr Bosson and that is reflected in our assessment of his level of carelessness and overall culpability.
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 a framework that enables consistency and decision-making transparency in terms of how uplifts are applied. This point was well made by His Honour Judge J Bowman in the Victorian Racing Appeals Board hearing (H Bowman, 13 Nov 2018), he said " we are also very aware of the need for parity and consistency in applying penalties. Jockeys should know that there is consistency in approach and know at least roughly what to expect is they offend".
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 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 being unavailable due to suspension. Mr Bosson is a very experienced senior rider and we are sure this would have been at the forefront of his thinking.
Therefore, in accordance with rule 920(2) the Committee applied 3-day (suspension) and $500 (fine) penalty uplift from our starting point. This is the combined effect of the status, the stakes and the consequences of Mr Bosson's actions.
The mitigating factors we considered included Mr Bosson’s admission of the breach and his very good riding record under this Rule, notwithstanding this is second breach for the day and now the third in the past 12 months. For those combined factors we afforded him a 1-day reduction.
In reaching its penalty decision the Committee was mindful that Mr Bosson will not be able to ride at the pending Karaka Millions meeting.
We gave very careful consideration to Mr Ellis’ impassioned plea from his perspective about the importance of Mr Bosson being available to ride at the Karaka Millions meeting. Mr Ellis points were well made and we accept that Mr Bossons unavailability for this meeting would be a significant loss. But, Mr Bossons situation is not unique and there are a number of well documented cases where high profile riders have not been able to ride in big races due to suspension. For example in 2011 top Victorian rider, C Williams lost the Melbourne Cup winning ride on DUNADEN due to suspension. The Appeals Board in that case dismissed both appeal and application for a stay of proceedings. Similarly, high profile riders C Williams and H Bowman both unsuccessfully appealed careless riding suspensions that prevented them from taking rides in two Group 1 races on the last day of the Melbourne Cup meeting in 2017.
We also noted Mr Oatham’s submission that NZTR recently reduced suspension days and introduced fines in light of the current prevailing circumstances. In that regard the 4-day suspension for low range offending is a reduction of two days from the previous regime and Mr Bosson and other riders have benefitted from this reduction since being introduced on 9 December 2020.
Finally, in our deliberation we were mindful of the totality principle. In particular in imposing penalty(s) for both breaches we were aware that the combined effect of both were just and proportionate. We also looked at all of the factors as a whole including Mr Bosson’s record and personal situation. That exercise involved serious evaluation on our part as to how it would be possible to enable Mr Bosson to ride at the Karaka meeting given the limited number of racedays between 4 January and 23 January 2021. In the final result we determined that in the circumstances a large fine as suggested by Mr Bosson and Mr Ellis as a substitute for suspension was not warranted and the penalty, we impose must be meaningful, proportionate and be seen as a deterrent.
After taking into account all the above factors the Committee considered that an appropriate suspension was 6 (national) days and $750 fine.
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: 91b47e76f1e539138fade85a871618c9
informantnumber: A13442
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 4 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race 3, the Valachi Downs Royal Stakes (Group 2), Chief Stipendiary Steward, Mr Oatham filed an Information pursuant to Rule 638(1)(d) alleging the Rider of ILLUSION OF PARIS (Mr O Bosson), “permitted his mount to shift in near the 1400 metres when not sufficiently clear of EZDARA which had to be steadied to avoid that runner’s heel, shifting in and crowding SWEET ANNA with FLEETWOOD MACA clipping a heel and blundering”.
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. Unfortunately, Mr Bosson incurred a further charge of careless riding arising from the running of Race 3. On that basis the two charges were heard back-to-back. This was done to enable full and proportionate consideration (in keeping with the totality principle), to be given in relation to the penalties for both charges.
In addition, Mr D Ellis (Te Akau Principal), sought permission to be present at 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 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 named in the Information: namely ILLUSION OF PARIS (O Bosson), EZDARA (J Fawcett), SWEET ANNA (M McNab) and FLEETWOOD MACA (A Calder).
Mr Williamson told the Committee that nearing the 1400 metre mark ILLUSION OF PARIS was racing three off the running rail with EZDARA to its inside and behind were SWEET ANNA (on the rails) and FLEETWOOD MACA. He said that from his three wide position Mr Bosson shifted in seeking to clear EZDARA, but in doing so he was no more than 1 to 1¼ lengths clear of that runner. As a consequence, Ms Fawcett has reacted and her mount has shifted inward when being restrained, and at the same time her mount was racing ungenerously. He said that coincidentally EZDARA was not clear of SWEET ANNA who was crowded against the running rail. There was a further chain reaction which caused FLEETWOOD MACA to blunder and its rider (Mr Calder) was fortunate that he was not dislodged.
Mr Williamson said that Mr Bosson’s inward shift was not big, but when he shifted in, he restrained and eased his mount. Further, it was Stewards assessment that EZDARA contributed to the consequences because it was racing greenly and (referring to the race films) it proved to be a difficult ride out of the first bend.
In concluding his summary of the incident Mr Williamson said that the carelessness was low and the consequences were exaggerated by the manners of EZDARA, but ultimately it was Mr Bosson who did not fulfil his obligation to shift in when clear of other runners.
In response Mr Bosson stated that the incident would not have occurred if Ms Fawcett’s mount was not racing “rank” (we assume referring to its manners). He said that he has only shifted in for half a stride.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Bosson’s riding record which indicated two previous breach under the careless riding Rule in the last 12 months. The most recent occurred in an earlier Race (Race 3) on today’s programme and that resulted in a 5-day suspension and $450 fine. Notwithstanding, he said that Mr Bosson’s overall record is reasonably good.
Mr Oatham said Stewards assessed the level of carelessness at low range adding that there were a number of issues that contributed to the incident and consequences to the affected runners. He said the issue is that Mr Bosson was never fully clear when he shifted in and also after shifting in, he restrained his mount quite heavily. Also, he said that Ms Fawcett’s mount has not cornered well and once she has taken hold her mount it ran in abruptly. In addition, he submitted that the incident did not have a bearing on the outcome of the race.
He advised that this breach occurred in a Group 2 race and this should be factored in to any proposed penalty.
He added that the recently promulgated NZTRA Directive was introduced to mitigate the lack of available senior riders available to take mounts in Group races, and that is why reduced penalty starting points have been introduced as well as fines.
In concluding his submission, he stated that the combined effect of the two charges against Mr Bosson have serious ramifications for him.
Mr Bosson did not seek a deferment to any proposed penalty and submitted he receive a 4-day suspension and a fine for which he said he was in a position to pay. The Committee granted Mr Ellis leave to be heard on the ramifications of suspending Mr Bosson, particularly not being able to ride at the pending Karaka Millions meeting on 23 January 2021. Mr Ellis submitted:
-That in relation to this charge the interference was the result of a very inexperienced Apprentice Rider and which made things look worse.
-That the Committee should take into account the Race Sponsors, the TAB and the Industry as a whole who may be affected by Mr Bosson incurring a suspension.
-That the impact for the Industry is significant, due to minor offences and he should be fined rather than suspended.
reasonsforpenalty:
After considering the submissions and reviewing the race film the Committee assessed Mr Bosson’s carelessness to be in the low range but there were consequences to other runners whose chances were affected to varying degrees. We have adopted a 4 day (suspension) and $250 fine as our starting point. This conforms with the NZTR Penalty Directive which recommends a 4 national day and $250 fine starting point for low range carelessness.
The available films established that Mr Bosson went forward near the 1400 metres and shifted in when not clear of EZDARA. The shift was not abrupt but after Mr Bosson made the shift he eased his mount and it was that which set off the chain reaction and consequences to the other runners. It was inferred that the incident would not have occurred had Ms Fawcett not reacted as she did, however, it is clear that her initial reaction was a result of Mr Bosson shift in and then easing.
The Committee fully accepts that Ms Fawcett’s mount was racing ungenerously and its manners contributed to the consequences. It is therefore, in part reason why we have assessed this breach as low end with some consequential impacts. The shift we believe was no more than an error of judgement on Mr Bosson’s part.
Aggravating factors are that this breach occurred in a Group 2 Race with stakemoney of $100,000. As we have already alluded to there were consequences to other runners who were affected to varying degrees, with one runner forced on to the running rail (SWEET ANNA) and another almost dislodged its rider (Mr Calder). We do not place full responsibility for this with Mr Bosson and that is reflected in our assessment of his level of carelessness and overall culpability.
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 a framework that enables consistency and decision-making transparency in terms of how uplifts are applied. This point was well made by His Honour Judge J Bowman in the Victorian Racing Appeals Board hearing (H Bowman, 13 Nov 2018), he said " we are also very aware of the need for parity and consistency in applying penalties. Jockeys should know that there is consistency in approach and know at least roughly what to expect is they offend".
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 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 being unavailable due to suspension. Mr Bosson is a very experienced senior rider and we are sure this would have been at the forefront of his thinking.
Therefore, in accordance with rule 920(2) the Committee applied 3-day (suspension) and $500 (fine) penalty uplift from our starting point. This is the combined effect of the status, the stakes and the consequences of Mr Bosson's actions.
The mitigating factors we considered included Mr Bosson’s admission of the breach and his very good riding record under this Rule, notwithstanding this is second breach for the day and now the third in the past 12 months. For those combined factors we afforded him a 1-day reduction.
In reaching its penalty decision the Committee was mindful that Mr Bosson will not be able to ride at the pending Karaka Millions meeting.
We gave very careful consideration to Mr Ellis’ impassioned plea from his perspective about the importance of Mr Bosson being available to ride at the Karaka Millions meeting. Mr Ellis points were well made and we accept that Mr Bossons unavailability for this meeting would be a significant loss. But, Mr Bossons situation is not unique and there are a number of well documented cases where high profile riders have not been able to ride in big races due to suspension. For example in 2011 top Victorian rider, C Williams lost the Melbourne Cup winning ride on DUNADEN due to suspension. The Appeals Board in that case dismissed both appeal and application for a stay of proceedings. Similarly, high profile riders C Williams and H Bowman both unsuccessfully appealed careless riding suspensions that prevented them from taking rides in two Group 1 races on the last day of the Melbourne Cup meeting in 2017.
We also noted Mr Oatham’s submission that NZTR recently reduced suspension days and introduced fines in light of the current prevailing circumstances. In that regard the 4-day suspension for low range offending is a reduction of two days from the previous regime and Mr Bosson and other riders have benefitted from this reduction since being introduced on 9 December 2020.
Finally, in our deliberation we were mindful of the totality principle. In particular in imposing penalty(s) for both breaches we were aware that the combined effect of both were just and proportionate. We also looked at all of the factors as a whole including Mr Bosson’s record and personal situation. That exercise involved serious evaluation on our part as to how it would be possible to enable Mr Bosson to ride at the Karaka meeting given the limited number of racedays between 4 January and 23 January 2021. In the final result we determined that in the circumstances a large fine as suggested by Mr Bosson and Mr Ellis as a substitute for suspension was not warranted and the penalty, we impose must be meaningful, proportionate and be seen as a deterrent.
After taking into account all the above factors the Committee considered that an appropriate suspension was 6 (national) days and $750 fine.
penalty:
Accordingly, Mr Bosson’s licence to ride in races is suspended for a period of 6 days commencing after racing on 15 January 2021 and concluding after racing on 28 January 2021. In addition, he is fined $750.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Rider of ILLUSON OF PARIS
Otherperson: Mr M Williamson - Senior Stipendiary Steward, Mr D Ellis - Principal Te Akau
PersonPresent:
Respondent:
StipendSteward:
raceid: e1cafd61a2636912d6321451a5eb929a
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race_title: R4
submittochair:
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meetdate: 01/01/2021
meet_title: Auckland RC - 1 January 2021
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meet_chair: GJones
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