Whangarei RC 12 June 2013 – R 9
ID: JCA14100
Code:
Thoroughbred
Meet Title:
Whangarei RC - 12 June 2013
Meet Chair:
AGodsalve
Meet Committee Member 1:
GTankard
Race Date:
2013/06/12
Race Number:
R9
Decision:
As the breach was admitted we find the charge proved.
Penalty:
We grant Mr Bosson's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly we impose a period of suspension on Mr Bosson which commences after racing on 19 June and concludes after racing on 26 June 2013, (4 days).
Charge:
Following the running of race 9, the Whangarei Bus Services 1400, an information was laid alleging that rider O Bosson, riding "Captain Scott' had near the 250 metre mark allowed his mount to shift out when not sufficiently clear of 'Fieldofdreams' ridden by M Hills, which was checked.
Mr Bosson acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1)(d) states: " A rider shall not ride a horse in a manner which the Judicial Committee considers to be careless".
Facts:
Mr Oatham demonstrated the available vido films of the race, and firstly identified the horses involved. He identified 'Fieldofdreams' as being a grey horse, which was racing on the outside of Mr Bosson's mount, 'Captain Scott'. Mr Oatham stated that Mr Hills was held up awaiting a run, and that horses around him were in relatively close quarters when a gap started to open in front of him. At a point between the 200-300 metres, before Mr Hills could take advantage of that gap, Mr Bosson had shifted out in front of him to utilise the gap which had presented itself. The horses were just outside the 200 metre mark by then, and it was apparent that 'Captain Scott' was travelling well and looking for a run. Mr Bosson's mount had moved out approximately 1 1/2 widths when barely a length clear of 'Fieldofdreams' which caused Mr Hills to check his mount. Mr Oatham submitted that in the Stewards' view, it was immaterial how well a horse was travelling, the rules were there to be abided with. He added that it was difficult to say what the effect of the interference on 'Fieldofdreams' was, however he stated that after it took place Mr Hills did not appear to ride with any urgency. In response to a question from the Committee Mr Oatham agreed that Mr Hills could have ridden more aggressively to take advantage of the gap that had presented itself, but added that in itself that did not give Mr Bosson the right to shift out too early. He said if riders were to ignore the rules it would be like 'dodgems' during races. He stated that Mr Hills was entitled to the run when it appeared.
Mr Bosson acknowledged that he had 'come out' to find a run as his horse, which the race favourite, was travelling very well. In his opinion Mr Hills had every opportunity to take advantage of the gap when it was there but didn't move. Mr Bosson said he didn't know if 'Fieldofdreams' was travelling well enough at the time.
Submissions for Penalty:
Mr Coles submitted that Mr Bosson was a very busy rider and was 'chasing' the New Zealand riders premiership. He added that in the Stewards' opinion Mr Bosson had a good record, and that they viewed the incident as being in the low-mid range on the scale of seriousness. He added that Mr Bosson had 4 previous breaches of the subject rule within the past 12 months, the most recent being at Auckland on 6 March, a Premier day, when he was suspended for 6 days.
Mr Bosson stated that he did not ride further south than Wellington and that he would like any suspension to commence after racing at Te Aroha on 19 June 2013.
Reasons for Penalty:
The Committee carefully considered the submissions and evidence presented. The mitigating factor is Mr Bosson's admission of the breach. Balanced against that, Mr Bosson has not allowed another rider an opportunity to take advantage of a run which had been presented at a crucial stage of the race concerned. He has shifted out into the path of that horse when barely a length clear, which has interrupted that horse's forward movement.
The Committee noted that as a very experienced and accomplished rider Mr Bosson had ridden his mount as would have been expected given he was on the favourite and was travelling like a winner at the time. However his obligations to other riders and compliance with the rules were paramount even given these factors.
We accepted that this breach fell into the low to middle range on the scale of seriousness, and referred to the JCA penalty guide which has a starting point of 5 days suspension.
Accordingly we independently assess an appropriate penalty on this occasion is a period of suspension of 4 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: 9863885c107a5c1cf1d0d52f422d9be9
informantnumber: A2840
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 31/05/2013
hearing_title: Whangarei RC 12 June 2013 - R 9
charge:
Following the running of race 9, the Whangarei Bus Services 1400, an information was laid alleging that rider O Bosson, riding "Captain Scott' had near the 250 metre mark allowed his mount to shift out when not sufficiently clear of 'Fieldofdreams' ridden by M Hills, which was checked.
Mr Bosson acknowledged that he understood the nature of the charge and the Rule.
Rule 638(1)(d) states: " A rider shall not ride a horse in a manner which the Judicial Committee considers to be careless".
facts:
Mr Oatham demonstrated the available vido films of the race, and firstly identified the horses involved. He identified 'Fieldofdreams' as being a grey horse, which was racing on the outside of Mr Bosson's mount, 'Captain Scott'. Mr Oatham stated that Mr Hills was held up awaiting a run, and that horses around him were in relatively close quarters when a gap started to open in front of him. At a point between the 200-300 metres, before Mr Hills could take advantage of that gap, Mr Bosson had shifted out in front of him to utilise the gap which had presented itself. The horses were just outside the 200 metre mark by then, and it was apparent that 'Captain Scott' was travelling well and looking for a run. Mr Bosson's mount had moved out approximately 1 1/2 widths when barely a length clear of 'Fieldofdreams' which caused Mr Hills to check his mount. Mr Oatham submitted that in the Stewards' view, it was immaterial how well a horse was travelling, the rules were there to be abided with. He added that it was difficult to say what the effect of the interference on 'Fieldofdreams' was, however he stated that after it took place Mr Hills did not appear to ride with any urgency. In response to a question from the Committee Mr Oatham agreed that Mr Hills could have ridden more aggressively to take advantage of the gap that had presented itself, but added that in itself that did not give Mr Bosson the right to shift out too early. He said if riders were to ignore the rules it would be like 'dodgems' during races. He stated that Mr Hills was entitled to the run when it appeared.
Mr Bosson acknowledged that he had 'come out' to find a run as his horse, which the race favourite, was travelling very well. In his opinion Mr Hills had every opportunity to take advantage of the gap when it was there but didn't move. Mr Bosson said he didn't know if 'Fieldofdreams' was travelling well enough at the time.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge proved.
sumissionsforpenalty:
Mr Coles submitted that Mr Bosson was a very busy rider and was 'chasing' the New Zealand riders premiership. He added that in the Stewards' opinion Mr Bosson had a good record, and that they viewed the incident as being in the low-mid range on the scale of seriousness. He added that Mr Bosson had 4 previous breaches of the subject rule within the past 12 months, the most recent being at Auckland on 6 March, a Premier day, when he was suspended for 6 days.
Mr Bosson stated that he did not ride further south than Wellington and that he would like any suspension to commence after racing at Te Aroha on 19 June 2013.
reasonsforpenalty:
The Committee carefully considered the submissions and evidence presented. The mitigating factor is Mr Bosson's admission of the breach. Balanced against that, Mr Bosson has not allowed another rider an opportunity to take advantage of a run which had been presented at a crucial stage of the race concerned. He has shifted out into the path of that horse when barely a length clear, which has interrupted that horse's forward movement.
The Committee noted that as a very experienced and accomplished rider Mr Bosson had ridden his mount as would have been expected given he was on the favourite and was travelling like a winner at the time. However his obligations to other riders and compliance with the rules were paramount even given these factors.
We accepted that this breach fell into the low to middle range on the scale of seriousness, and referred to the JCA penalty guide which has a starting point of 5 days suspension.
Accordingly we independently assess an appropriate penalty on this occasion is a period of suspension of 4 days.
penalty:
We grant Mr Bosson's request to seek a deferment to his suspension as per Rule 1106(2).
Accordingly we impose a period of suspension on Mr Bosson which commences after racing on 19 June and concludes after racing on 26 June 2013, (4 days).
hearing_type: Hearing
Rules: Rule 638(1)(d)
Informant: Mr A Coles Stipendiary Steward
JockeysandTrainer: Mr O Bosson - Licensed rider
Otherperson: Mr A Cole - Stipendiary Steward, Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e0866830627845618f42778174977611
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: dc549c45d962fcd01ce8cb651f46e518
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/06/2013
meet_title: Whangarei RC - 12 June 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: AGodsalve
meet_pm1: GTankard
meet_pm2: none
name: Whangarei RC