Avondale JC 26 August 2013 – R 6 & 7
ID: JCA16625
Code:
Thoroughbred
Meet Title:
Avondale JC - 26 August 2013
Meet Chair:
ADooley
Race Date:
2013/08/26
Race Number:
R6
Decision:
As Mr Bosson admitted the breach I find the charge proved.
Penalty:
I grant Mr Bosson's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, I impose a suspension on Mr Bosson which will commence after racing on 31 August and conclude after racing on 5 September 2013 (3 days).
Charge:
Prior to race 6, THE DON OXENHAM, an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Williamson, alleged that Mr Bosson was unable to make the required weight for the horses SIGARSA in race 6 and MAREKA MISS in race 7.
Mr Bosson acknowledged that he understood the nature of the charge and the Rule.
Rule 330(3) (c) provides : A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
Facts:
Mr Williamson advised me that Mr Bosson was the declared rider for SIGARSA and MAREKA MISS with both horses weighted at 57 kg. He said that after race 2, Mr Bosson advised Stewards that he was 1kg above their carded weights. He confirmed that Mr Bosson had recently returned from overseas and was struggling with his weight.
Mr Williamson advised that Mr Bosson was replaced on both of his rides.
Mr Bosson confirmed that he was struggling with his weight. He said he was feeling “average” because he has been suffering with a cough for some time.
In response to a question from the Committee, Mr Bosson confirmed that his manager would only accept rides at a higher weight range until he got his weight back under control.
Submissions for Penalty:
Mr Williamson produced Mr Bosson's record which showed 6 previous breaches under this Rule in the last 12 months. He noted that Mr Bosson's most recent breach on June 8 attracted a penalty of $800 fine. He said on that occasion the Stewards and the JCA Committee had put Mr Bosson on notice that any further breach under this Rule would result in a suspension. He acknowledged that Mr Bosson was clearly unwell which is having an impact on his weight. He submitted with Mr Bosson being a leading rider he was in demand from trainers and the consequences are high when he can't make the weight for his mounts.
Mr Williamson submitted an appropriate penalty would be a 3 day suspension.
Mr Bosson said he agreed with everything Mr Williamson had submitted. He said the proposed 3 day suspension would give him the opportunity to manage his weight.
Mr Bosson sought a deferment to his proposed suspension to enable him to fulfil his commitments at Hastings on August 31st.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. I assessed the mitigating fact is Mr Bosson's admission of the breach. The aggravating factors are Mr Bosson's poor record noting that this is the 7th breach of this particular Rule in the last 12 months. The connections of two horses were inconvenienced at short notice when Mr Bosson was unable to make the carded weight. The betting public who had invested on Mr Bosson earlier in the day were clearly disadvantaged when it was established that he could not make the carded weights. As the country's leading rider there is always high public interest in Mr Bosson's mounts.
Whilst not unsympathetic that Mr Bosson has weight issues it is clear that fines are not assisting him to get his weight under control. I note the previous fines have not acted as a deterrent.
I referred to the JCA penalty sheet for any similar breaches. This showed where a rider with a similar record received a 3 day suspension.
Taking into account all of the above factors I consider that a 3 day suspension is the appropriate penalty.
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: cdcb204b35a32ed8b07f2d1d8e94883c
informantnumber: A2843
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/08/2013
hearing_title: Avondale JC 26 August 2013 - R 6 & 7
charge:
Prior to race 6, THE DON OXENHAM, an Information was filed pursuant to Rule 330(3)(c). The Informant, Mr Williamson, alleged that Mr Bosson was unable to make the required weight for the horses SIGARSA in race 6 and MAREKA MISS in race 7.
Mr Bosson acknowledged that he understood the nature of the charge and the Rule.
Rule 330(3) (c) provides : A rider shall not fail to ride a horse at the weight at which it is handicapped to carry.
facts:
Mr Williamson advised me that Mr Bosson was the declared rider for SIGARSA and MAREKA MISS with both horses weighted at 57 kg. He said that after race 2, Mr Bosson advised Stewards that he was 1kg above their carded weights. He confirmed that Mr Bosson had recently returned from overseas and was struggling with his weight.
Mr Williamson advised that Mr Bosson was replaced on both of his rides.
Mr Bosson confirmed that he was struggling with his weight. He said he was feeling “average” because he has been suffering with a cough for some time.
In response to a question from the Committee, Mr Bosson confirmed that his manager would only accept rides at a higher weight range until he got his weight back under control.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach I find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Bosson's record which showed 6 previous breaches under this Rule in the last 12 months. He noted that Mr Bosson's most recent breach on June 8 attracted a penalty of $800 fine. He said on that occasion the Stewards and the JCA Committee had put Mr Bosson on notice that any further breach under this Rule would result in a suspension. He acknowledged that Mr Bosson was clearly unwell which is having an impact on his weight. He submitted with Mr Bosson being a leading rider he was in demand from trainers and the consequences are high when he can't make the weight for his mounts.
Mr Williamson submitted an appropriate penalty would be a 3 day suspension.
Mr Bosson said he agreed with everything Mr Williamson had submitted. He said the proposed 3 day suspension would give him the opportunity to manage his weight.
Mr Bosson sought a deferment to his proposed suspension to enable him to fulfil his commitments at Hastings on August 31st.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. I assessed the mitigating fact is Mr Bosson's admission of the breach. The aggravating factors are Mr Bosson's poor record noting that this is the 7th breach of this particular Rule in the last 12 months. The connections of two horses were inconvenienced at short notice when Mr Bosson was unable to make the carded weight. The betting public who had invested on Mr Bosson earlier in the day were clearly disadvantaged when it was established that he could not make the carded weights. As the country's leading rider there is always high public interest in Mr Bosson's mounts.
Whilst not unsympathetic that Mr Bosson has weight issues it is clear that fines are not assisting him to get his weight under control. I note the previous fines have not acted as a deterrent.
I referred to the JCA penalty sheet for any similar breaches. This showed where a rider with a similar record received a 3 day suspension.
Taking into account all of the above factors I consider that a 3 day suspension is the appropriate penalty.
penalty:
I grant Mr Bosson's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, I impose a suspension on Mr Bosson which will commence after racing on 31 August and conclude after racing on 5 September 2013 (3 days).
hearing_type: Hearing
Rules: 330 (3)(c)
Informant: Mr M Williamson - Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Licensed Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 44012132e349f42bf06d30fb2bbd387c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5fec1ea4536cbcb847c3d2a5b0c3b780
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/08/2013
meet_title: Avondale JC - 26 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Avondale JC