Auckland RC 25 May 2019 – R 1- Chair, Mr A Dooley
ID: JCA17292
Code:
Thoroughbred
Meet Title:
Auckland RC - 25 May 2019
Meet Chair:
ADooley
Meet Committee Member 1:
ASmith
Race Date:
2019/05/25
Race Number:
R1
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted a deferment to Mr Bosson’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Bosson had his license to ride in races suspended for a period to commence after racing on 1 June and conclude after racing on 13 June 2019.
The race meeting at Taranaki on 6 June was not included in penalty because it is scheduled for Highweight / Jump riders and apprentices only.
Facts:
Following the running of race 1, The Baker’s Son 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Bosson used his whip excessively when riding BEE TEE JUNIOR prior to the 100 metres.
Mr Bosson said that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Bosson and showed that he struck his mount on 11 occasions prior to the 100 metres. He said there was some respite but not for the required 5 strides. He added that there was no concern with the force used.
Mr Bossson said he accepted Mr Oatham’s assessment of the breach and had nothing to add.
Submissions for Penalty:
Mr Oatham said that Mr Bosson breached this Rule on 20/3/2019 and on 15/5/2019. He said the JCA Penalty Guide starting point for a 3rd breach is a 6 to 8 day suspension.
Mr Bosson requested a 7 day deferment to his proposed suspension so he could ride at Ellerslie on 1 June.
Reasons for Penalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 3rd breach of excessive use of the whip is a 6 to 8 day suspension.
When reviewing the video films we found that there were some small pauses between the 11 strikes but not for the minimum 5 strides.
We are concerned that this is Mr Bosson’s 3rd whip breach in 2 months which is uncharacteristic.
BEE TEE JUNIOR finished in 4th place.
Given the circumstances in this case we considered an appropriate suspension was 6 days.
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: f4dc9e3f07bf59d8eddf51490b3d2d9e
informantnumber: A09679
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 27/05/2019
hearing_title: Auckland RC 25 May 2019 - R 1- Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, The Baker’s Son 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Bosson used his whip excessively when riding BEE TEE JUNIOR prior to the 100 metres.
Mr Bosson said that he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(b)(ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:
Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.
Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.
Mr Oatham demonstrated the incident using the available video footage. He identified Mr Bosson and showed that he struck his mount on 11 occasions prior to the 100 metres. He said there was some respite but not for the required 5 strides. He added that there was no concern with the force used.
Mr Bossson said he accepted Mr Oatham’s assessment of the breach and had nothing to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham said that Mr Bosson breached this Rule on 20/3/2019 and on 15/5/2019. He said the JCA Penalty Guide starting point for a 3rd breach is a 6 to 8 day suspension.
Mr Bosson requested a 7 day deferment to his proposed suspension so he could ride at Ellerslie on 1 June.
reasonsforpenalty:
The Committee considered all the evidence and submissions presented.
The JCA Penalty Guide starting point for a 3rd breach of excessive use of the whip is a 6 to 8 day suspension.
When reviewing the video films we found that there were some small pauses between the 11 strikes but not for the minimum 5 strides.
We are concerned that this is Mr Bosson’s 3rd whip breach in 2 months which is uncharacteristic.
BEE TEE JUNIOR finished in 4th place.
Given the circumstances in this case we considered an appropriate suspension was 6 days.
penalty:
The Committee granted a deferment to Mr Bosson’s suspension pursuant to Rule 1106(2).
Accordingly, Mr Bosson had his license to ride in races suspended for a period to commence after racing on 1 June and conclude after racing on 13 June 2019.
The race meeting at Taranaki on 6 June was not included in penalty because it is scheduled for Highweight / Jump riders and apprentices only.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c6b25c605d0787df3cad035a833a263e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: a48389eef50d22917a35a2b8ea877a81
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/05/2019
meet_title: Auckland RC - 25 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: ASmith
meet_pm2: none
name: Auckland RC