Archive Decision

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Levin RC 26 November 2010 – R 10

ID: JCA14132

Applicant:
J Oatham

Respondent(s):
O Bosson

Information Number:
5366

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Levin RC - 26 November 2010

Meet Chair:
NMoffatt

Meet Committee Member 1:
ISmith

Race Date:
2010/11/26

Race Number:
R 10

Decision:

As he admitted the breach the charge was found to be proved.

Penalty:

Taking into account Mr Bosson’s riding commitments within the next 7 days he is suspended from riding from the close of racing on Wednesday December 1st until the close of racing on Sunday December 5th.

Charge:

An information was filed by Mr J Oatham alleging a breach of Rule 638 (1) (d) in that passing the 900m O Bosson permitted his mount Guessing to shift in when not clear dictating Celebration (M Du Plessis) in onto Pinot Grieve which was checked.

Facts:

Mr Oatham read Rule 638 (1) (d) and Mr Bosson confirmed that he understood the rule and the procedure to be followed.
Mr Oatham explained the incident using the race video. He showed Mr Bosson move from a four- wide position to a three-wide position when not the required distance clear of Mr Du Plessis who in turn moved inwards onto Pinot Grieve. He reacted as soon as he heard other riders call out but the damage had been done.
Mr Bosson admitted that he had allowed Guessing to move inwards but said that Pinot Grieve moved slightly outwards at the same time which made the incident look worse.

Submissions for Penalty:

Mr Oatham produced Mr Bosson’s riding record for the past 12 months which showed the following careless riding charges:
25/8/10 4 days
28/3/10 4 days
30/1/10 5 days
27/1/10 5 days
Mr Oatham said this was not a bad record for a rider as busy as Mr Bosson. He said the incident was at the lower end of the scale and while acknowledging there were mitigating circumstances he called for a suspension of his license.
Mr Bosson said that he rode throughout the country and advised of riding commitments at Counties on Wednesday 1st December.

Reasons for Penalty:

In coming to a decision on penalty the committee considered all of the evidence and submissions presented.
We took into account Mr Bosson’s admission of the breach and his record. Despite being one of the leading riders in the country Mr Bosson has only had one charge of careless riding in the past 8 months. This is a very favourable record.
The degree of carelessness was in the low range in that he did not move inwards a great amount and Pinot Grieve moved simultaneously outwards which may have contributed to the interference. The fact remains though that Mr Bosson was not the required distance clear when he moved off his line and two horses were affected.
We were satisfied that a four day suspension was an 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: 9c5fbac09f72d03a3a298c0b2588b7a2


informantnumber: 5366


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 22/11/2010


hearing_title: Levin RC 26 November 2010 - R 10


charge:

An information was filed by Mr J Oatham alleging a breach of Rule 638 (1) (d) in that passing the 900m O Bosson permitted his mount Guessing to shift in when not clear dictating Celebration (M Du Plessis) in onto Pinot Grieve which was checked.


facts:

Mr Oatham read Rule 638 (1) (d) and Mr Bosson confirmed that he understood the rule and the procedure to be followed.
Mr Oatham explained the incident using the race video. He showed Mr Bosson move from a four- wide position to a three-wide position when not the required distance clear of Mr Du Plessis who in turn moved inwards onto Pinot Grieve. He reacted as soon as he heard other riders call out but the damage had been done.
Mr Bosson admitted that he had allowed Guessing to move inwards but said that Pinot Grieve moved slightly outwards at the same time which made the incident look worse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As he admitted the breach the charge was found to be proved.


sumissionsforpenalty:

Mr Oatham produced Mr Bosson’s riding record for the past 12 months which showed the following careless riding charges:
25/8/10 4 days
28/3/10 4 days
30/1/10 5 days
27/1/10 5 days
Mr Oatham said this was not a bad record for a rider as busy as Mr Bosson. He said the incident was at the lower end of the scale and while acknowledging there were mitigating circumstances he called for a suspension of his license.
Mr Bosson said that he rode throughout the country and advised of riding commitments at Counties on Wednesday 1st December.


reasonsforpenalty:

In coming to a decision on penalty the committee considered all of the evidence and submissions presented.
We took into account Mr Bosson’s admission of the breach and his record. Despite being one of the leading riders in the country Mr Bosson has only had one charge of careless riding in the past 8 months. This is a very favourable record.
The degree of carelessness was in the low range in that he did not move inwards a great amount and Pinot Grieve moved simultaneously outwards which may have contributed to the interference. The fact remains though that Mr Bosson was not the required distance clear when he moved off his line and two horses were affected.
We were satisfied that a four day suspension was an appropriate penalty.


penalty:

Taking into account Mr Bosson’s riding commitments within the next 7 days he is suspended from riding from the close of racing on Wednesday December 1st until the close of racing on Sunday December 5th.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J Oatham


JockeysandTrainer: O Bosson


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ce4e3c183514f0233bfb27ee49272a3d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 0887b060e761f130619563182bec9a12


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/11/2010


meet_title: Levin RC - 26 November 2010


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "NMoffatt", "Member": "", "OtherExpenses": "0", "KMs": "160", "Total": "99.2", "kmprice": 99.200000000000003, "Approved": "on"}]


meet_otherexp:


tracklocation: levin-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: ISmith


meet_pm2: none


name: Levin RC