Racing Te Aroha, 28 January 2011
ID: JCA13342
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 28 January 2011
Meet Chair:
GJones
Meet Committee Member 1:
RSeabrook
Race Date:
2011/01/28
Race Number:
R2
Decision:
As the breach of the rule(s) are admitted it is proved.
Penalty:
In consideration of the above issues, the impact of the breach and resultant consequences a fine of $200 is imposed.
Charge:
Licensed Jockey, Mr O Bosson: "Failed to obtain a medical clearance when directed to by the Stipendiary Stewards, after failing to attend the meeting at Wellington on the 24th January 2011".
Facts:
Stipendiary Steward Mr Coles said that on 24 January 2011 Mr O Bosson advised Stipendiary Stewards that he was unable to fulfill his riding engagements at the Wellington Racing Club due to a medical condition. In accordance with Rule 623 Mr Bosson was instructed by the Stipendiary Stewards that he would be required to obtain a medical clearance prior to resuming race riding.
Mr Coles said that Mr Bosson arrived on course at Te Aroha on 28 January 2011 with three confirmed riding engagements without having obtained a clearance. As a result Mr Bosson was unable to take his mount in race two and attended at a local Medical Centre where he subsequently obtained a clearance enabling him to fulfill his later riding engagements in races seven and eight.
Submissions for Decision:
Mr Coles submitted that when directed to do so, it is the rider’s obligation to obtain a medical clearance prior to arriving on course.
Mr Bosson submitted that he “forgot” to arrange a medical clearance. He said that he contacted his doctor yesterday (27 January 2011), but was unable to secure an appointment and intended to see the club doctor when he arrived on course at Te Aroha, but there was no doctor on duty.
Submissions for Penalty:
Mr Coles submitted that Mr Bosson had to stand down from his mount in race two as a result of not having obtained a clearance, but noted that Mr Bosson subsequently took prompt action to obtain a clearance. He submitted that a fine of $200 appropriate in the circumstances.
Mr Bosson acknowledged that he should have obtained a medical clearance earlier. He submitted that on the morning of the races he was required to leave home at 5.30 am and expected that the club doctor would be present and able to provide him with a clearance when he arrived at the course.
Reasons for Penalty:
In setting the penalty for this breach the committee has taken into account Mr Bosson's frank admission, his submission that he was unable to secure an appointment with his doctor and his mistaken belief that a club doctor would be on course to provide him with a medical clearance. The committee also noted that Mr Bosson took prompt action to visit a local doctor to obtain a clearance.
However, the committee has taken cognisance of Mr Coles submission that it is a riders obligation to ensure that a clearance is obtained prior to arriving on course.
The committee finds that Mr Bosson ought to have taken more positive steps to obtain a clearance, given that he had three confirmed mounts at Te Aroha. The impact of this failure was avoidable had he taken prompt action to obtain a clearance in a more timely manner.
His failure to do so had two consequences. First, it resulted in the connections of his mount in race two having to secure a replacement rider, and second the betting public was not aware of the rider change until shortly before the start of the race.
The committee notes that the penalty guidelines provide limited assistance for a breach of this nature. The recommended penalty for riding without a medical clearance is a fine of $500 and/or suspension for 4 riding days. In this case Mr Bosson did not ride without a clearance, but arrived on course without having obtained a clearance after having been instructed to do so. The committee has factored this into the penalty decision making process.
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: 655414c325e36c8cf676034d41e96f76
informantnumber: 7606
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/12/2010
hearing_title: Racing Te Aroha, 28 January 2011
charge:
Licensed Jockey, Mr O Bosson: "Failed to obtain a medical clearance when directed to by the Stipendiary Stewards, after failing to attend the meeting at Wellington on the 24th January 2011".
facts:
Stipendiary Steward Mr Coles said that on 24 January 2011 Mr O Bosson advised Stipendiary Stewards that he was unable to fulfill his riding engagements at the Wellington Racing Club due to a medical condition. In accordance with Rule 623 Mr Bosson was instructed by the Stipendiary Stewards that he would be required to obtain a medical clearance prior to resuming race riding.
Mr Coles said that Mr Bosson arrived on course at Te Aroha on 28 January 2011 with three confirmed riding engagements without having obtained a clearance. As a result Mr Bosson was unable to take his mount in race two and attended at a local Medical Centre where he subsequently obtained a clearance enabling him to fulfill his later riding engagements in races seven and eight.
appealdecision:
isappeal:
submissionsfordecision:
Mr Coles submitted that when directed to do so, it is the rider’s obligation to obtain a medical clearance prior to arriving on course.
Mr Bosson submitted that he “forgot” to arrange a medical clearance. He said that he contacted his doctor yesterday (27 January 2011), but was unable to secure an appointment and intended to see the club doctor when he arrived on course at Te Aroha, but there was no doctor on duty.
reasonsfordecision:
Decision:
As the breach of the rule(s) are admitted it is proved.
sumissionsforpenalty:
Mr Coles submitted that Mr Bosson had to stand down from his mount in race two as a result of not having obtained a clearance, but noted that Mr Bosson subsequently took prompt action to obtain a clearance. He submitted that a fine of $200 appropriate in the circumstances.
Mr Bosson acknowledged that he should have obtained a medical clearance earlier. He submitted that on the morning of the races he was required to leave home at 5.30 am and expected that the club doctor would be present and able to provide him with a clearance when he arrived at the course.
reasonsforpenalty:
In setting the penalty for this breach the committee has taken into account Mr Bosson's frank admission, his submission that he was unable to secure an appointment with his doctor and his mistaken belief that a club doctor would be on course to provide him with a medical clearance. The committee also noted that Mr Bosson took prompt action to visit a local doctor to obtain a clearance.
However, the committee has taken cognisance of Mr Coles submission that it is a riders obligation to ensure that a clearance is obtained prior to arriving on course.
The committee finds that Mr Bosson ought to have taken more positive steps to obtain a clearance, given that he had three confirmed mounts at Te Aroha. The impact of this failure was avoidable had he taken prompt action to obtain a clearance in a more timely manner.
His failure to do so had two consequences. First, it resulted in the connections of his mount in race two having to secure a replacement rider, and second the betting public was not aware of the rider change until shortly before the start of the race.
The committee notes that the penalty guidelines provide limited assistance for a breach of this nature. The recommended penalty for riding without a medical clearance is a fine of $500 and/or suspension for 4 riding days. In this case Mr Bosson did not ride without a clearance, but arrived on course without having obtained a clearance after having been instructed to do so. The committee has factored this into the penalty decision making process.
penalty:
In consideration of the above issues, the impact of the breach and resultant consequences a fine of $200 is imposed.
hearing_type: Hearing
Rules: Rule 623 and Rule 802 (1) (a), 802 (1) A person commits a breach of these Rules who:, (a) acts in contravention of or fails to comply with any provision of these Rules or any Regulations made thereunder, or any policy, notice, direction, instruction, guideline, restriction, requirement or condition given, made or imposed under these Rules., 623 A Stipendiary Steward, who on reasonable grounds considers that a Rider may be unfit to fulfil a riding engagement for a Race, trial (including a jump-out or test for certification purposes), or trackwork because of injury, illness or other disability, may require the Rider to undergo a medical examination by a Registered Medical Practitioner in order to determine the Rider’s fitness for riding and a Rider who has been required to undergo such a medical examination shall not ride in any Race, trial (including a jump-out or test for certification purposes), or trackwork unless a medical clearance has first been obtained and a medical certificate to that effect has been produced to a Stipendiary Steward.
Informant: Mr A Coles, Stipendiary Steward
JockeysandTrainer: Mr O Bosson
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 849241c668c629db22849ca83976ad9d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8fdee9a778c8b423faf14c0204a8c4c9
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/01/2011
meet_title: Racing Te Aroha - 28 January 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "GJones", "Member": "", "OtherExpenses": "0", "KMs": "268", "Total": "166.16", "kmprice": 166.16, "Approved": "on"}]
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: GJones
meet_pm1: RSeabrook
meet_pm2: none
name: Racing Te Aroha