Waikato RC 1 March 2017 – R 8 – Chair, Mr A Dooley
ID: JCA15838
Code:
Thoroughbred
Meet Title:
Waikato RC - 1 March 2017
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Meet Committee Member 2:
ASmith
Race Date:
2017/03/01
Race Number:
R8
Decision:
As Mr Bosson admitted the breach the Committee find the charge proved.
Penalty:
We grant Mr Bosson’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Bosson had his license to ride in races suspended for a period to commence after racing on 4 March and conclude after racing on 17 March 2017 (5 days).
That period of suspension encompasses meetings at
8 March – Avondale
10 March - Otaki
11 March – Ellerslie (Iconic)
15 March – Matamata
17 March – Te Aroha
Facts:
Following the running of race 8, Print House 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Bosson permitted his mount WIDE AWAKE to shift inwards when not sufficiently clear causing interference to PALERMITANO, LADY FENUALA and SENSIBILITY passing the 300 metres.
Mr Bosson acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Jones demonstrated the incident using the available video footage. He identified that approaching the 300 metres Mr Bosson allowed his mount to shift in when only a bare length clear. He said this resulted in PALERMITANO being the first horse checked then LADY FENUALA and SENSIBILITY were also checked when WIDE AWAKE continued to run in. He identified on the head – on film that there was slight outward movement from KILOWATT which contributed to the checks of LADY FENUALA and SENSIBILITY.
Mr Bosson identified that at the 400 metres PALERMITANO made the final turn awkwardly making contact with WIDE AWAKE which then was unbalanced. He said WIDE AWAKE wanted to “bore in badly” in the final straight and he noted that near the 100 metres his mount tried to climb over the running rail. He added that the head – on film showed KILOWATT’S outward shift along with WIDE AWAKE’S inward shift near the 300 metres crowded SENSIBILITY.
Submissions for Penalty:
Mr Williamson produced Mr Bosson’s record which showed 2 previous breaches of this Rule in the last 12 months.
28/1/17 – Wellington – 4 days
29/1/17 – Auckland – 6 days and a $2000 fine.
Mr Williamson said that Mr Bosson failed to show due care to his fellow riders when he allowed his mount to shift in without taking any corrective steps at all. He stated a lot of the blame could be attributed to WIDE AWAKE and said the level of carelessness was low.
The Committee questioned Mr Williamson’s assessment of carelessness given that the charge states Mr Bosson had interfered with 3 horses and the Stewards said that he had not taken any corrective action.
Mr Bosson advised that he had upcoming engagements at Ellerslie on 4 March any proposed suspension could start after that date. He recognised that he would be unable to fulfil his engagements on 11 March at Ellerslie because it fell outside the 7 day deferment Rule.
When questioned by the Committee, Mr Bosson was forthright in advising that he had no intention of riding in the South Island in the up – coming weeks. He confirmed that it was his intention to ride all over the North Island.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The only mitigating factor was Mr Bosson’s admission of the breach.
We believe Mr Bosson’s record to be average with this being his 3rd breach in a short period of time.
The Committee view the level of carelessness as being in the mid – range. It was obvious on the video footage that Mr Bosson allowed WIDE AWAKE to shift in several horse widths near the 300 metres when only a bare length clear. Mr Bosson failed to take any corrective action to prevent the inward shift which resulted in 3 horses being checked to various degrees. This was a clear aggravating fact.
The Committee had regard for the fact that Mr Bosson’s suspension would include an Iconic race meeting with total stakes of $1,300,000.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
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: d9f74c8b486ecd70dfcd3a11ee5ce351
informantnumber: A8529
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 02/03/2017
hearing_title: Waikato RC 1 March 2017 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Print House 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Bosson permitted his mount WIDE AWAKE to shift inwards when not sufficiently clear causing interference to PALERMITANO, LADY FENUALA and SENSIBILITY passing the 300 metres.
Mr Bosson acknowledged that he understood the Rule and confirmed his admission of the breach.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr Jones demonstrated the incident using the available video footage. He identified that approaching the 300 metres Mr Bosson allowed his mount to shift in when only a bare length clear. He said this resulted in PALERMITANO being the first horse checked then LADY FENUALA and SENSIBILITY were also checked when WIDE AWAKE continued to run in. He identified on the head – on film that there was slight outward movement from KILOWATT which contributed to the checks of LADY FENUALA and SENSIBILITY.
Mr Bosson identified that at the 400 metres PALERMITANO made the final turn awkwardly making contact with WIDE AWAKE which then was unbalanced. He said WIDE AWAKE wanted to “bore in badly” in the final straight and he noted that near the 100 metres his mount tried to climb over the running rail. He added that the head – on film showed KILOWATT’S outward shift along with WIDE AWAKE’S inward shift near the 300 metres crowded SENSIBILITY.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Bosson admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Williamson produced Mr Bosson’s record which showed 2 previous breaches of this Rule in the last 12 months.
28/1/17 – Wellington – 4 days
29/1/17 – Auckland – 6 days and a $2000 fine.
Mr Williamson said that Mr Bosson failed to show due care to his fellow riders when he allowed his mount to shift in without taking any corrective steps at all. He stated a lot of the blame could be attributed to WIDE AWAKE and said the level of carelessness was low.
The Committee questioned Mr Williamson’s assessment of carelessness given that the charge states Mr Bosson had interfered with 3 horses and the Stewards said that he had not taken any corrective action.
Mr Bosson advised that he had upcoming engagements at Ellerslie on 4 March any proposed suspension could start after that date. He recognised that he would be unable to fulfil his engagements on 11 March at Ellerslie because it fell outside the 7 day deferment Rule.
When questioned by the Committee, Mr Bosson was forthright in advising that he had no intention of riding in the South Island in the up – coming weeks. He confirmed that it was his intention to ride all over the North Island.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The only mitigating factor was Mr Bosson’s admission of the breach.
We believe Mr Bosson’s record to be average with this being his 3rd breach in a short period of time.
The Committee view the level of carelessness as being in the mid – range. It was obvious on the video footage that Mr Bosson allowed WIDE AWAKE to shift in several horse widths near the 300 metres when only a bare length clear. Mr Bosson failed to take any corrective action to prevent the inward shift which resulted in 3 horses being checked to various degrees. This was a clear aggravating fact.
The Committee had regard for the fact that Mr Bosson’s suspension would include an Iconic race meeting with total stakes of $1,300,000.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
penalty:
We grant Mr Bosson’s request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly, Mr Bosson had his license to ride in races suspended for a period to commence after racing on 4 March and conclude after racing on 17 March 2017 (5 days).
That period of suspension encompasses meetings at
8 March – Avondale
10 March - Otaki
11 March – Ellerslie (Iconic)
15 March – Matamata
17 March – Te Aroha
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Licensed Rider
Otherperson: Mr B Jones - Stipendiary Steward, Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1bcc543fd22f0d05baa93ebbb17457f3
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race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
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meetdate: 01/03/2017
meet_title: Waikato RC - 1 March 2017
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meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Waikato RC