Archive Decision

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Cambridge JC 2 June 2021 – R 7 – Chair Hon JW Gendall QC

ID: JCA17579

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr O Bosson - Class A Licensed Jockey

Other Person:
Mr M Williamson - Senior Stipendiary Steward

Information Number:
A14046

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Cambridge JC - 2 June 2021

Meet Chair:
WGendall

Race Date:
2021-06-02 00:00:00.0000000

Race Number:
R 7

Decision:

As the breach was admitted the Committee found the charge proved. 

Penalty:

Accordingly Mr Bosson is suspended for 8 national riding days to commence at the conclusion of racing on 12 June 2021, and to end at the conclusion of racing on 25 June 2021. In addition he is fined $400.

Facts:

After the running of Race 7, the NZB Insurance Pearl Series 1300, Mr B Jones, Stipendiary Steward presented an Information alleging that Mr O Bosson breached Rule 638(1)(d) by riding carelessly. It was alleged that he permitted his mount FONTS DE L’ALGAR, when near the 300 metres point, to shift out when not sufficiently clear of SHEZAWINKLE (Ms S Spratt), CATHAY NOVA (Mr L Innes), ERIDANI (Mr A Goindasamy) and TANGODANZER (Mr S Weatherley) which were all hampered.

Ms Bosson admitted the breach of the Rule.

Mr Williamson illustrated from the Race films that Mr Bosson’s mount, FONTS DE L’ALGAR was travelling well at the 350 metre point but was behind a wall of horses with no run then available to it. Mr Bosson then shifted out into SHEZAWINKLE which was forced out onto CATHAY NOVA, ERIDANI (outside of that) and TANGODANZER (outside of that), all of which horses were significantly hampered. Mr Bosson’s mount finished 2nd.
Mr Bosson contended that although he was guilty of careless riding, “it was not entirely my fault as Ms Spratt [riding SHEZAWINKLE] turned away from me”. The Committee’s conclusion is that the movement of SHEZAWINKLE occurred only because Mr Bosson’s mount was forcing it outwards.

Submissions for Penalty:

Mr Jones contended that the careless riding fell into the mid-range although tending toward high-range, because of the number of horses affected. He advised that Mr Bosson had 3 offences for careless riding since November 2020, including 2 on the same day on 1 January 2021 for which he had attracted penalties of 5,6, and 7 day suspensions plus fines.

Mr Bosson accepted that some suspension must follow but sought a deferment of 10 days as he has committed riding engagements over that period.

Reasons for Penalty:

The Committee accepts the level of carelessness was mid/high. From a suggested starting point of a 6 day suspension, the aggravating factors of previous offences (albeit some in Group racing) justify an uplift of 2 national riding days. In addition a fine of $400 (a little less than the Guide records) but is measured against the relative severity of the term of suspension.

Decision Date: 03/06/2021

Publish Date: 03/06/2021

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: f4a6deacdbdc0b4614f221c230881fe0


informantnumber: A14046


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 03/06/2021


hearing_title: Cambridge JC 2 June 2021 - R 7 - Chair Hon JW Gendall QC


charge:


facts:

After the running of Race 7, the NZB Insurance Pearl Series 1300, Mr B Jones, Stipendiary Steward presented an Information alleging that Mr O Bosson breached Rule 638(1)(d) by riding carelessly. It was alleged that he permitted his mount FONTS DE L’ALGAR, when near the 300 metres point, to shift out when not sufficiently clear of SHEZAWINKLE (Ms S Spratt), CATHAY NOVA (Mr L Innes), ERIDANI (Mr A Goindasamy) and TANGODANZER (Mr S Weatherley) which were all hampered.

Ms Bosson admitted the breach of the Rule.

Mr Williamson illustrated from the Race films that Mr Bosson’s mount, FONTS DE L’ALGAR was travelling well at the 350 metre point but was behind a wall of horses with no run then available to it. Mr Bosson then shifted out into SHEZAWINKLE which was forced out onto CATHAY NOVA, ERIDANI (outside of that) and TANGODANZER (outside of that), all of which horses were significantly hampered. Mr Bosson’s mount finished 2nd.
Mr Bosson contended that although he was guilty of careless riding, “it was not entirely my fault as Ms Spratt [riding SHEZAWINKLE] turned away from me”. The Committee’s conclusion is that the movement of SHEZAWINKLE occurred only because Mr Bosson’s mount was forcing it outwards.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted the Committee found the charge proved. 


sumissionsforpenalty:

Mr Jones contended that the careless riding fell into the mid-range although tending toward high-range, because of the number of horses affected. He advised that Mr Bosson had 3 offences for careless riding since November 2020, including 2 on the same day on 1 January 2021 for which he had attracted penalties of 5,6, and 7 day suspensions plus fines.

Mr Bosson accepted that some suspension must follow but sought a deferment of 10 days as he has committed riding engagements over that period.


reasonsforpenalty:

The Committee accepts the level of carelessness was mid/high. From a suggested starting point of a 6 day suspension, the aggravating factors of previous offences (albeit some in Group racing) justify an uplift of 2 national riding days. In addition a fine of $400 (a little less than the Guide records) but is measured against the relative severity of the term of suspension.


penalty:

Accordingly Mr Bosson is suspended for 8 national riding days to commence at the conclusion of racing on 12 June 2021, and to end at the conclusion of racing on 25 June 2021. In addition he is fined $400.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr O Bosson - Class A Licensed Jockey


Otherperson: Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_emailed1: 0


race_emailed2: 0


race_title: R 7


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meetdate: 02/06/2021


meet_title: Cambridge JC - 2 June 2021


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tracklocation: cambridge-jc


meet_racingtype: thoroughbred-racing


meet_chair: WGendall


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name: Cambridge JC