Canterbury JC – 10 November 2004 – Race 9

Following the running of Race 9, Couplands Bakeries NZ 2000 Guineas, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mr O P Bosson, alleging that Mr Bosson, as the rider of KEENINSKY in the Race, rode carelessly in allowing his mount to shift ground inwards when not sufficiently clear causing interference to SHASTRI (L K Cropp) and SIR WOODY (J S Bullard) approximately 200 metres after the start.

Mr Bosson admitted the breach.

Mr Ching had Mr L N McCutcheon, Chief Stipendiary Steward, show head-on and side-on video replays of the incident. Mr McCutcheon pointed out the three horses involved in the incident. He pointed out KEENINSKY (which started from barrier 7). He also pointed out SHASTRI and SIR WOODY on the inside of KEENINSKY and showed those horses "with plenty of room". He then pointed out the interference as Mr Bosson came across and severely tightened SHASTRI in the middle and SIR WOODY on the inside of SHASTRI. The interference carried on for some distance to such an extent that SIR WOODY was "severely checked out of its rightful position". Mr McCutcheon said that Mr Bosson had come from a position about 4-wide and ended up on the fence. CLIFTON PRINCE (A J Calder) had then come across when the interference was all over. Mr McCutcheon submitted that the head-on video clearly showed that, at no time, was KEENINSKY clear. He had continued an inward movement towards the running rail. At first, he had three horses inside him then two horses inside him and he continued an inwards movement putting severe pressure on SHASTRI which, in turn, put severe pressure on SIR WOODY which was against the running rail and had nowhere to go. SIR WOODY was severely interfered with for several strides and, finally, was checked out of its position.

Mr Bosson submitted that he had committed an "error of judgement". He said that he had been watching the horse outside him (CLIFTON PRINCE) thinking that it was coming across. He admitted that he had come in at the wrong time and caused interference.

In relation to penalty, Mr Ching informed the Committee that, in May 2004 in Brisbane, Mr Bosson had received an 8-day suspension and a fine of $2,000 and on 2 October 2004 he received a suspension of 3 days at Hawkes Bay. Mr Ching submitted that the carelessness was at the higher end of the scale and that rider safety had been compromised. He pointed out the the Race was a Group 1 event for a stake of $300,000. One horse had been, basically, put out of the race and another severely affected. Mr Ching submitted that a term of suspension of not less than one calendar month should be considered.

Mr Bosson informed the Committee that he had been selected to go to Japan on 1 December 2004 to represent New Zealand in a World Jockeys' Series on 4 and 5 December and he asked the Committee to allow him to compete in that event. He asked the Committee to consider a suspension coupled with a fine. He said that one did not often get chosen to represent one's country.

Mr Ching submitted that, if the Committee were to consider a combined penalty, the amount of the fine would need to reflect the seriousness of the careless riding. He said, however, that he believed that a suspension was the appropriate penalty.

Mr Bosson informed the Committee that he had declared rides for Tauranga on Saturday and Waipa on Sunday.

The Committee delivered the following interim decision and reserved its full reasons for arriving at penalty to be given in a subsequent written decision:

"We have considered all of the submissions and we have viewed the video evidence. We agree with Mr Ching's submission that this was careless riding at the upper end of the scale, in a Group 1 race for a stake of $300,000. Mr Bosson, we have given very careful consideration to your request for a combined penalty of a fine and a suspension to enable you to ride in the international riders' event in Japan in early December. However, we have viewed the breach as serious enough to warrant the term of suspension sought by the Stipendiary Stewards. Accordingly, you will be suspended from after the close of racing on 14 November up to and including 12 December 2004.

REASONS FOR DECISION ON PENALTY:

In determining penalty, the Committee took into account the following matters:

1. Pursuant to Rule 1122 (2), the status of the race, the stake payable, the consequential effects and the need to maintain integrity and public confidence in racing. The race was a Group 1 event for a stake of $300,000. The chances of two other runners had been significantly affected by the interference resulting from Mr Bosson's carelessness and the connections of those horses had been deprived of the opportunity of having their horses compete effectively in the event.

2. The seriousness of the breach and the quality of Mr Bosson's riding. The Committee agreed with Mr Ching that it was carelessness at the higher end of the scale. Mr Bosson had, within 200 metres of the start, crossed from 4-wide to the running rail severely interfering with two other runners over quite a distance. Mr Bosson appeared to take no action to relieve the pressure on SHASTRI when it became apparent that he had tightened that runner but rather continued to angle towards the running rail. The Committee did not accept Mr Bosson's explanation that he had been guilty of an error of judgement.

3. Mr Bosson's recent riding record as referred to above. He has had two charges of careless riding against his record in the last 6 months, the Brisbane penalty, seemingly, for a quite serious breach. The penalty arrived at contains a deterrent element.

4. The Committee did not allow any discount for Mr Bosson's guilty plea, on the basis that it was made in the face of overwhelming evidence.

After the conclusion of the hearing, the Committee was recalled to the Judicial Room and informed that Mr Bosson had considered another matter of which he had not informed the Committee which, he believed, was relevant to the matter of penalty. The Stipendiary Stewards indicated that they did not oppose an application for rehearing by Mr Bosson in the circumstances.

The Committee considered the provisions of Rule 1126. It was satisfied that a miscarriage of justice might result as a result of a material omission in Mr Bosson's submissions at the original hearing. The Committee waived the strict requirements of the Rule that the application must be made in writing, principally, on the ground of the lateness of the hour (8.10pm) and granted Mr Bosson's application for a rehearing. Mr Ching informed the Committee that he had no objection to the waiver of written notice or to the granting of a rehearing.

Mr Bosson then informed the Committee that the proposed event in Japan was "quite lucrative" and that, if he were not permitted to compete in that event he would lose $50,000 to $60,000 in riding fees not including any percentages. He had not informed the Committee of this at the original hearing.

Mr Ching said that a loss to Mr Bosson of $50,000 to $60,000 would result in an excessive penalty and, therefore, the Stipendiary Stewards, in those circumstances, would consent to a penalty of a suspension for a period up to the date of Mr Bosson's departure together with the maximum fine provided by Rule 1003 ? that is to say, $10,000. Mr Ching believed that such a penalty would be fair.

In response to Mr Ching's submission, Mr Bosson said that he would accept the amended penalty suggested by Mr Ching rather than lose the opportunity to compete in Japan.

Following a deliberation, the Committee was satisfied that, having regard to the submissions of Mr Bosson and Mr Ching at the rehearing, the following penalty should be substituted in place of the penalty finding made at the original hearing. Mr Bosson was suspended from the conclusion of racing on 14 November 2004 up to and including 1 December 2004 and, in addition, was fined the sum of $10,000.

The Committee's reason for substituting the original penalty was that, having regard to the financial loss that would have been incurred by Mr Bosson, if he were to miss the Japan event, the original penalty would have been excessive. However, any suspension for a period less than the original term of suspension (i.e. up to and including 12 December) would not have been an adequate penalty for the particular breach. In the Committee's view, an adequate penalty could only be achieved, if Mr Bosson's licence were to be left intact to enable him to ride in the Japan event, by the imposition, in addition to a term of suspension up to and including 1 December 2004, of a substantial fine. In all of the circumstances, the Committee deemed a fine of $10,000, as submitted by Mr Ching, in addition to the term of suspension, to be appropriate.