Auckland RC 10 March 2018 – R 9 – Chair, Mr A Dooley
ID: JCA11302
Code:
Thoroughbred
Meet Title:
Auckland RC - 10 March 2018
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2018/03/10
Race Number:
R9
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
Penalty:
Mr Bosson was fined the sum of $500.
Facts:
Following the running of race 9, Barfoot & Thompson Auckland Cup (Group 1), an Information was filed pursuant to Rule 619. The Informant, Mr Oatham, alleged that Mr Bosson changed his riding boots after weighing out.
Rule 619 provides: A Rider shall not be weighed out for a ride in a Race:
(a) where he is carrying more than 3 kg dead weight about his body until any excess weight above 3 kg is removed from about his body; and/or
(b) with a skull cap, a colours cap, padded whip or any substitute for a whip, bridle, any item or items of Notifiable Gear, saddle number cloths or anything worn on a horse’s legs and the weight of such shall not be included in the weight of a Rider for the purposes of weighing-out or weighing-in,
and unless a Stipendiary Steward permits otherwise, that Rider (after being weighed out) must not remove or add any article of wearing apparel (including any dead weight about his body) or riding gear with which he did or did not weigh out as the case may be.
Mr Bosson admitted the breach and endorsed the Information “I do not wish to be present at the hearing”.
Mr Oatham advised the Committee that Mr Bosson had changed his riding boots after being weighed out. He said that Mr Bosson rode FIVE TO MIDNIGHT 0.5kgs over the carded weight which was 56 kgs.
In response to questions from the Committee, Mr Oatham confirmed that the connections of FIVE TO MIDNIGHT were made aware of the fact that Mr Bossson was 0.5 kgs over the carded weight. Mr Oatham said the connections did not wish to replace Mr Bosson as the rider of their horse.
Submissions for Penalty:
Mr Oatham produced Mr Bosson’s record which showed no previous breaches under this Rule. He said that Mr Bosson was forthright with Stewards during their investigation. He said there were limited precedents for this type of breach with broadly similar cases resulting in fines between $100 and $200. He said the aggravating factors were the breach occurred in a Group 1 race worth $500,000. Mr Oatham submitted that a fine in the vicinity of $500 would be appropriate.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide has no starting point for a breach of this Rule.
The JCA database confirmed that these type of breaches are rare and the penalties imposed ranged from $100 to $300 fines.
The Committee had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
The aggravating factors were the breach occurred in a Group 1 race with stake payable of $500,000.
The Committee notes that FIVE TO MIDNIGHT was placed 2nd and beaten by a nose.
The mitigating factors were Mr Bosson’s admission of the breach and his clear record.
After taking into account all the above factors the Committee considered that an appropriate penalty was 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: 1915596f52f4bc38bf60b9fda93c7992
informantnumber: A10057
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Changed his riding boots after being weighed out
plea: admitted
penaltyrequired: 1
decisiondate: 12/03/2018
hearing_title: Auckland RC 10 March 2018 - R 9 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 9, Barfoot & Thompson Auckland Cup (Group 1), an Information was filed pursuant to Rule 619. The Informant, Mr Oatham, alleged that Mr Bosson changed his riding boots after weighing out.
Rule 619 provides: A Rider shall not be weighed out for a ride in a Race:
(a) where he is carrying more than 3 kg dead weight about his body until any excess weight above 3 kg is removed from about his body; and/or
(b) with a skull cap, a colours cap, padded whip or any substitute for a whip, bridle, any item or items of Notifiable Gear, saddle number cloths or anything worn on a horse’s legs and the weight of such shall not be included in the weight of a Rider for the purposes of weighing-out or weighing-in,
and unless a Stipendiary Steward permits otherwise, that Rider (after being weighed out) must not remove or add any article of wearing apparel (including any dead weight about his body) or riding gear with which he did or did not weigh out as the case may be.
Mr Bosson admitted the breach and endorsed the Information “I do not wish to be present at the hearing”.
Mr Oatham advised the Committee that Mr Bosson had changed his riding boots after being weighed out. He said that Mr Bosson rode FIVE TO MIDNIGHT 0.5kgs over the carded weight which was 56 kgs.
In response to questions from the Committee, Mr Oatham confirmed that the connections of FIVE TO MIDNIGHT were made aware of the fact that Mr Bossson was 0.5 kgs over the carded weight. Mr Oatham said the connections did not wish to replace Mr Bosson as the rider of their horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Mr Bosson’s record which showed no previous breaches under this Rule. He said that Mr Bosson was forthright with Stewards during their investigation. He said there were limited precedents for this type of breach with broadly similar cases resulting in fines between $100 and $200. He said the aggravating factors were the breach occurred in a Group 1 race worth $500,000. Mr Oatham submitted that a fine in the vicinity of $500 would be appropriate.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The JCA Penalty Guide has no starting point for a breach of this Rule.
The JCA database confirmed that these type of breaches are rare and the penalties imposed ranged from $100 to $300 fines.
The Committee had regard for Rule 920 (2), which provides that:
On finding a breach proved the Judicial Committee may impose any penalty provided by these Rules. In imposing a penalty provided in these Rules the Judicial Committee may have regard to such matters as it considers appropriate including:
(a) the status of the Race;
(b) the stake payable in respect of the Race;
The aggravating factors were the breach occurred in a Group 1 race with stake payable of $500,000.
The Committee notes that FIVE TO MIDNIGHT was placed 2nd and beaten by a nose.
The mitigating factors were Mr Bosson’s admission of the breach and his clear record.
After taking into account all the above factors the Committee considered that an appropriate penalty was a $500 fine.
penalty:
Mr Bosson was fined the sum of $500.
hearing_type: Hearing
Rules: 619
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Rider of FIVE TO MIDNIGHT
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f45b87f9a101d3261dc45c7d3da358b6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9b4066cb6ae32140946917d86dcccd5b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/03/2018
meet_title: Auckland RC - 10 March 2018
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