Racing Rotorua – 18 October 2008 – Race 9

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hearing_racingtype: thoroughbred-racing

startdate: 18/10/2008

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hearing_title: Racing Rotorua - 18 October 2008 - Race 9

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Following Race 9 an Information was filed pursuant to Rule 871(1) (d).  The informant Mr Oatham alleged that TOOTSIE (O. Bosson) shifted out near the 200 metres when not clear of SENT TO SEA (T Harris) who was severely checked and forced into the line of RUUD VAN SLAATS (J McDonald) who was also checked.

Following Race 9 an Information was filed pursuant to Rule 871(1) (d).  The informant Mr Oatham alleged that TOOTSIE (O. Bosson) shifted out near the 200 metres when not clear of SENT TO SEA (T Harris) who was severely checked and forced into the line of RUUD VAN SLAATS (J McDonald) who was also checked.

Mr Bosson did not admit the breach.

Stipendiary Steward Mr Coles demonstrated the video films and showed that near the 200 metre mark Mr Bosson riding TOOTSIE was approximately 4 horse widths off the rail.  At this stage there was clearly no run ahead for him so he angled his mount out for a run.  During this outward movement he allowed his mount to shift into the line of SENT TO SEA (T Harris) when only ¾ lengths clear of that runner.  Mr Coles said this caused a severe check to SENT TO SEA with Mr Harris having to take a strong hold when the rightful line of running ahead was his.  Mr Coles conceded that Mr Bosson did use his right arm momentarily to straighten TOOTSIE but continued riding his mount forward at all times.

Mr J McDonald, rider of RUUD VAN SLAATS who was racing on the outside and ½ to ¾ the length behind SENT TO SEA at the 200 metre mark, was then called as a witness.  He said that although he was only battling at the time he was shut out of a run ahead through Troy Harris on SENT TO SEA coming out and taking his line when only ½ length ahead of him.  Upon questioning by Mr Oatham, Mr McDonald said he would have fallen if he hadn’t taken hold.

Mr T Harris rider of SENT TO SEA was then called as a witness.  He stated that near the 200 metre mark he had a run available ahead of him when his line was taken by Mr Bosson angling his mount out.  He believed Mr Bosson was ¾ lengths clear of him at the time but he certainly had to take a strong hold with the resultant severe check.  He added that if he had not checked the result might have been a lot worse.

Mr O Bosson rider of SENT TO SEA then gave his evidence and admitted he shouldered his way out but in his opinion his mount has overreacted by ducking out sharply approximately 2 to 3 horse widths. He said there was no intent on his part to cause checks to those outside him and he has tried to straighten his mount but admitted it was too late.

Mr Oatham in summing up said it was clear Mr Bosson had angled his mount out when clearly there was no run ahead for him to take.  He said he was not the required distance clear of SENT TO SEA when taking his line and Mr Bosson continued riding forward the whole time.

DECISION

The Committee carefully considered all evidence and reviewed the video films.  We are clearly of the opinion that Mr Bosson did angle his mount out and into the line of SENT TO SEA when not the required distance clear.  This caused a severe check to Mr Harris with a resultant check to Mr McDonald on his outside.  Accordingly we find Mr Bosson guilty as charged and asked submissions on penalty from Mr Oatham and Mr Bosson.

Mr Oatham said Mr Bosson’s record was a good one with only one previous suspension this year being a four day one on 12 April 2008.  However he believed this was at the high end of carelessness and being a listed race warranted a 3 week suspension and in accordance with NZTR policy on Group and Listed races an additional monetary penalty.

He believed this should be $2000 - $4000.

Mr Bosson gave the Committee his upcoming engagements with a firm commitment for Princess Coup in the Cox Plate on 25 October 2008.

PENALTY

Once again the Committee carefully considered these submissions and before imposing a penalty took into account the following:

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• Mr Bosson’s good record
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• Level of interference which in this case was a severe check to SENT TO SEA and resultant check to RUUD VAN SLAATS
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• Degree of carelessness.  The Committee is of the opinion this was at the high end with a rider of Mr Bosson’s experience showing little regard to the runners on his outside.
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• Status of race – this being a $65000 Listed race and the provisions of rule 1122

Taking all these factors into account and Mr Bosson’s upcoming commitments the Committee imposes a 3 week suspension for Mr Bosson to serve starting after racing on 25 October and concluding after racing on the 15 November.  In addition we impose a fine of $3000.

Richard Seabrook

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hearing_type: Old Hearing

Rules: 871.1.d

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race_title: Race 9

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meetdate: 18/10/2008

meet_title: Racing Rotorua - 18 October 2008

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