Hawke’s Bay RI 22 October 2017 – R 8 – Chair, Mr P Williams

Following the running of race 8, the Group 1 “Livamol Classic”, Information A10018 was filed by Chief Stipendiary Steward, Mr J Oatham under Rule 638(3)(b)(ii). The information stated “that jockey O P Bosson used his whip excessively prior to the 100m without the necessary respite”.

 

Mr Bosson signed the Information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the Rule under which he was charged. He also confirmed that he was aware of the new Guidelines regarding acceptable use of the whip effective from 1 August 2017.

 

Rule 638(3)(b) 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” provide:
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.

Stipendiary Steward, Mr Goodwin showed the side-on and head-on films of the race from the top of the straight and identified Mr Bosson on “Gingernuts” racing just behind the leaders and approximately 5 horse widths off the fence. He said the Stewards had no problems with Mr Bosson’s use of the whip from the 600m to the top of the straight. He said, however from there to the 100m Mr Bosson struck his horse 10 times without the required 5 stride respite which was clearly outside the guidelines quoted above.

 

Mr Bosson did not disagree with Mr Goodwin’s interpretation of the film and added that he didn’t think he was hitting his horse very hard.

Mr Oatham said Mr Bosson had one previous breach of this Rule since the new guidelines came into force on 1 August 2017 – on 23 August 2017 at Tauranga where he was fined $300. He said that Mr Bosson struck his horse 10 times without the required respite which was double the number of strikes permitted under the guidelines and the Stewards believed the severity of the breach was in the mid range. Mr Oatham said the most significant aggravating factor was that the breach had occurred in a Group 1 race which had a stake of $250,000 and this was the first such breach since the new guideline was introduced. He said whilst the JCA Penalty Guide stated the starting point for a second breach of this Rule within a 12 month period was a fine of $500 the Stewards believed, given the status of today’s race, that a significant uplift in penalty was justified which should not necessarily exclude a period of suspension in place of a fine. In terms of a financial penalty he said the Stewards believed a fine in the vicinity of $1000 would be appropriate as a clear message had to be sent to all jockeys that simply because it is a Group 1 race they cannot go out and flout the use of the whip guidelines. He added that future similar breaches in Group races would also see the Stewards seeking a significant uplift in the starting point stated in the JCA’s Penalty Guidelines.

 

Mr Bosson asked the Committee to note that he had readily accepted he had breached the guidelines by his admittance of the breach but pointed out that the rider of the winner of the race had also done so. When asked to comment on Mr Oatham’s submission that the Committee might wish to consider a period of suspension instead of a fine he said he would leave that up to the Committee to decide.

The Committee has reviewed the films of the race from the top of the straight to the 100m mark and considered the submissions made. The Committee notes Mr Bosson struck his horse 10 times and whilst there were two brief pauses within those 10 strikes neither was for the required 5 strides which means he has therefore breached the use of whip guidelines. The committee believes the total number of strikes places the severity of the breach in the low to mid range. The Committee also notes this is Mr Bosson’s second breach of this Rule since 1 August 2017 when the current guidelines came into force – the earlier breach being on 23 August 2017 at Tauranga where he was fined $300.

 

The JCA’s Penalty Guidelines state the starting point for a second breach of this Rule within a 12 month period is a fine of $500. The Committee does not believe there are any mitigating factors that justify a reduction in that starting point. There are, however, a number of aggravating factors to take into consideration. Today’s race was for a stake of $250,000. Group 1 racing is the pinnacle of the sport and attracts considerable publicity and media coverage and whilst the Committee fully understands that all jockeys must ensure they give their horses every opportunity to win they must do so without breaching the Code’s Rules and guidelines. This is particularly so in relation to the use of whip guidelines given the high importance the racing industry places on animal welfare issues. Lastly, the Committee also notes that Mr Bosson finished 2nd in the race.

 

The Committee agrees with the Stewards that a significant uplift in penalty is justified and that it is important the penalty has the effect of deterring others from committing similar offences across all levels of racing but especially in Group and Listed racing where the stake money on offer is considerably higher. Taking all those matters into consideration the Committee believes on this occasion a fine rather than a period of suspension is an appropriate penalty.