Wellington RC 30 January 2021 – R 1 & R 6 – Chair, Mrs N Moffatt
ID: JCA15303
Code:
Thoroughbred
Meet Title:
Wellington RC - 30 January 2021
Meet Chair:
NMoffatt
Meet Committee Member 1:
NMcCutcheon
Race Date:
2021/01/30
Race Number:
R 1
Decision:
The breach was admitted, therefore the charge was deemed proved.
Penalty:
Accordingly, Mr Bosson is fined the sum of $2000.
Facts:
An Information was lodged by Mr J Oatham alleging a breach of Rule 330(3) (c) in that Mr Bosson failed to make the contracted weight for FOOGAYZEE and SWEET ANNA.
Rule 330(3) (c) states:
A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry
Mr Bosson confirmed that he admitted breach, therefore the charge was deemed proved.
Mr Oatham said prior to Race 1 today, when Mr Bosson was weighing out for the ride on FOOGAYZEE, he was found to be “a little over a kilo “overweight. As a result, he was removed from that ride and replaced by Ms Johnson. FOOGAYZEE won the race for Ms Johnson.
Mr Bosson left the course to visit a local sauna to get some weight off for his rides later in the day.
Some time before Race 4 Mr Bosson arrived back on course and indicated to the Stewards that he would be able to take his remaining rides including that of SWEET ANNA (Race 6) at 56.5 kgs but would be half a kilo overweight for that ride. Unfortunately, when weighing out for SWEET ANNA Mr Bosson was found to be a kilo over and was replaced by Sam Collett.
After another session in the shower Mr Bosson was able to lose a small amount of additional weight which placed him within an acceptable limit to ride MELODY BELLE (Race 7) at 57kgs.
Mr Bosson explained that he had been off riding for a month and arrived down early to sit in a sauna to sweat but finding a decent place in Upper Hutt had been difficult and he ended up going to two different places.
Submissions for Penalty:
Mr Oatham said the uncertainty around whether Mr Bosson could make correct weight for his rides was less than ideal for the connections of the runners involved, and for the betting public who were also aware (after Mr Bosson was replaced in Race 1) that there was a question mark about his participation for the rest of the day.
In relation to Mr Bosson’s record he has had 5 breaches in the last 12 months:
15/2/20-Auckland (failed to make weight for 1 ride)-$600
12/8/20-Taupo (failed to make weight for 5 rides)-$500
13/9/20-Taupo (failed to make weight for 2 rides)-$500
16/12/20-Counties (failed to make weight for 2 rides)-$300
19/12/20-Te Rapa- (failed to make weight for 1 ride)-$500
Mr Oatham said it was not an ideal situation for Mr Bosson to present on one of New Zealand’s iconic race days unable to make the weight he has taken rides for. The Stewards would leave it up to the Committee to decide if a suspension and/or fine was the appropriate penalty but if a fine only was imposed it would have to be substantial.
Mr Bosson was invited to make submissions on penalty. He said coming back from suspension only to go back out again was not ideal.
When asked by the Committee for his upcoming commitments (in case of suspension) he said there were not a lot of race days over the next week and that if he was going to be suspended, he was done with riding.
Reasons for Penalty:
The Committee considered all submissions.
Mr Bosson was replaced on two horses with one of those (SWEET ANNA) being a Group 3 race. We did not accept as a mitigating factor that Mr Bosson had just returned from a period of not riding. He has known for some time of his commitments on Wellington Cup day and being suspended should have made no difference to him honouring those contracts. Leaving his weight loss to the morning of a Premier Day’s racing seems an unwise practice.
We gave no discount for his admission of the breach simply because it would be very difficult to defend a charge of overweight.
Mr Bosson’s record under this rule is a significant aggravating factor. His list of charges depicts an habitual defender, and it is clear that the monetary penalties imposed over the last 12 months have not been a sufficient deterrent.
We considered imposing a suspension. This Committee suspended Mr Bosson in 2018 for 3 weeks and fined him $2000 for being unable to make the weight for 3 races on Sires Produce day at Awapuni. On that occasion he was replaced on the favoured runner in the Group 1 Sires Produce as well as his ride in the Group 3 Manawatu Classic. In addition, he was the favourite in that day’s jockeys’ challenge.
Mr Bosson committed to five rides today. He was replaced for two of these but met his commitments for the other three including his ride on MELODY BELLE in the Group 1 Thorndon Mile. For these reasons it was our opinion that today’s breach was not as severe and a monetary penalty would suffice.
In reaching this decision we were not swayed by Mr Bosson’s submission that if he was to be suspended his riding career would be over.
Taking into account all factors it was our opinion that a monetary penalty of $2000 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: 8172575499633687b865e4748733c2c2
informantnumber: A14122
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Overweight
plea: admitted
penaltyrequired: 1
decisiondate: 01/02/2021
hearing_title: Wellington RC 30 January 2021 - R 1 & R 6 - Chair, Mrs N Moffatt
charge:
facts:
An Information was lodged by Mr J Oatham alleging a breach of Rule 330(3) (c) in that Mr Bosson failed to make the contracted weight for FOOGAYZEE and SWEET ANNA.
Rule 330(3) (c) states:
A Rider shall not:
(c) fail to ride a horse at the weight at which it is handicapped to carry
Mr Bosson confirmed that he admitted breach, therefore the charge was deemed proved.
Mr Oatham said prior to Race 1 today, when Mr Bosson was weighing out for the ride on FOOGAYZEE, he was found to be “a little over a kilo “overweight. As a result, he was removed from that ride and replaced by Ms Johnson. FOOGAYZEE won the race for Ms Johnson.
Mr Bosson left the course to visit a local sauna to get some weight off for his rides later in the day.
Some time before Race 4 Mr Bosson arrived back on course and indicated to the Stewards that he would be able to take his remaining rides including that of SWEET ANNA (Race 6) at 56.5 kgs but would be half a kilo overweight for that ride. Unfortunately, when weighing out for SWEET ANNA Mr Bosson was found to be a kilo over and was replaced by Sam Collett.
After another session in the shower Mr Bosson was able to lose a small amount of additional weight which placed him within an acceptable limit to ride MELODY BELLE (Race 7) at 57kgs.
Mr Bosson explained that he had been off riding for a month and arrived down early to sit in a sauna to sweat but finding a decent place in Upper Hutt had been difficult and he ended up going to two different places.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach was admitted, therefore the charge was deemed proved.
sumissionsforpenalty:
Mr Oatham said the uncertainty around whether Mr Bosson could make correct weight for his rides was less than ideal for the connections of the runners involved, and for the betting public who were also aware (after Mr Bosson was replaced in Race 1) that there was a question mark about his participation for the rest of the day.
In relation to Mr Bosson’s record he has had 5 breaches in the last 12 months:
15/2/20-Auckland (failed to make weight for 1 ride)-$600
12/8/20-Taupo (failed to make weight for 5 rides)-$500
13/9/20-Taupo (failed to make weight for 2 rides)-$500
16/12/20-Counties (failed to make weight for 2 rides)-$300
19/12/20-Te Rapa- (failed to make weight for 1 ride)-$500
Mr Oatham said it was not an ideal situation for Mr Bosson to present on one of New Zealand’s iconic race days unable to make the weight he has taken rides for. The Stewards would leave it up to the Committee to decide if a suspension and/or fine was the appropriate penalty but if a fine only was imposed it would have to be substantial.
Mr Bosson was invited to make submissions on penalty. He said coming back from suspension only to go back out again was not ideal.
When asked by the Committee for his upcoming commitments (in case of suspension) he said there were not a lot of race days over the next week and that if he was going to be suspended, he was done with riding.
reasonsforpenalty:
The Committee considered all submissions.
Mr Bosson was replaced on two horses with one of those (SWEET ANNA) being a Group 3 race. We did not accept as a mitigating factor that Mr Bosson had just returned from a period of not riding. He has known for some time of his commitments on Wellington Cup day and being suspended should have made no difference to him honouring those contracts. Leaving his weight loss to the morning of a Premier Day’s racing seems an unwise practice.
We gave no discount for his admission of the breach simply because it would be very difficult to defend a charge of overweight.
Mr Bosson’s record under this rule is a significant aggravating factor. His list of charges depicts an habitual defender, and it is clear that the monetary penalties imposed over the last 12 months have not been a sufficient deterrent.
We considered imposing a suspension. This Committee suspended Mr Bosson in 2018 for 3 weeks and fined him $2000 for being unable to make the weight for 3 races on Sires Produce day at Awapuni. On that occasion he was replaced on the favoured runner in the Group 1 Sires Produce as well as his ride in the Group 3 Manawatu Classic. In addition, he was the favourite in that day’s jockeys’ challenge.
Mr Bosson committed to five rides today. He was replaced for two of these but met his commitments for the other three including his ride on MELODY BELLE in the Group 1 Thorndon Mile. For these reasons it was our opinion that today’s breach was not as severe and a monetary penalty would suffice.
In reaching this decision we were not swayed by Mr Bosson’s submission that if he was to be suspended his riding career would be over.
Taking into account all factors it was our opinion that a monetary penalty of $2000 was an appropriate penalty.
penalty:
Accordingly, Mr Bosson is fined the sum of $2000.
hearing_type: Hearing
Rules: 330(3)(c)
Informant: Mr J Oatham - Chief Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Licensed Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 412ec5cfbfe00a7cb53b2909fc6c0f50
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
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meetid: 7693f274415f80a2f3895a20b689fb35
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meetdate: 30/01/2021
meet_title: Wellington RC - 30 January 2021
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tracklocation: wellington-rc
meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: NMcCutcheon
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name: Wellington RC