Wellington RC 9 December 2023 – R7 – Opie Bosson

Evidence:

Following the running of Race 7, the Respondent Class A Rider Mr Opie Bosson admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that he allowed his mount INSATIABLE to shift ground inwards when not sufficiently clear of RUSTY LANE which was checked passing the 200 metres.

The Respondent acknowledged 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 Adjudicative Committee considers to be careless.

Using several different video angles, Stipendiary Steward Mr Goodwin demonstrated the incident and identified the horses and Riders concerned.

Mr Goodwin showed Mr Bosson racing slightly ahead and to the outside of RUSTY LANE (J Doyle), with a clear gap between these two horses. Approaching the 200 metre mark, Mr Bosson, while riding with vigour, shifted inwards when not the required distance clear of Mr Doyle, causing a check to RUSTY LANE.

In response, Mr Bosson said the incident happened when he used the whip 1 time too many.  In addition, when he raised his whip arm, the strong wind pushed him further inwards.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved

Submissions for Penalty:

Mr Oatham produced Mr Bosson’s riding record which indicated 5 previous breaches under the Careless Riding Rule in the last 12 months, namely 8/2/23 – midrange (6 days).

24/3/23   midrange  11 days (Australian penalty)

14/4/23   Low end    5 days

30/8/23   midrange   6 days

21/11/23  midrange  6 days

Mr Bosson has had 387 mounts in the past 12 months with a further unspecified number of rides in Australia.  Mr Oatham said this was not a good record, but the Australian 11 day penalty was calculated slightly differently to the NZ method.

Mr Oatham said Stewards assessed the level of carelessness to be in the mid-range based on the check to Mr Doyle, and the fact that Mr Bosson was already on an inward movement when he struck his mount with the whip.

Mr Bosson advised of riding engagements through until next Saturday December 16th and sought a deferment to any proposed suspension.

Reasons for Penalty:

It was evident from the video footage that Mr Bosson moved inward without maintaining the required distance clearance from Mr Doyle, resulting in interference to the latter. No other horse or Rider played a role in the incident, and Mr Bosson openly acknowledged the breach of careless riding.

In assessing the degree of Mr Bosson’s carelessness, the Adjudicative Committee carefully considered all submissions. The head-on footage showed his attempt to rectify the situation by pulling his mount’s head outward to correct its line of running, albeit belatedly, leading to the interference to RUSTY LANE. Mr Bosson’s claim of being affected by the strong wind when raising his whip arm was accepted in good faith. The Adjudicative Committee classified Mr Bosson’s carelessness as falling within the mid-low range and initiated a 6-day suspension as the starting point, aligning with the NZTR Penalty Guide as of February 2023.

Acknowledging Mr Bosson’s admission of the breach, credit was granted, though no mitigation was applied based on his riding record. After considering all relevant factors, a 5-day suspension was deemed appropriate for this particular case.

Conclusion:

Mr Bosson’s request for a deferment is granted and his Licence to ride in races is suspended for a period of 5 days commencing after racing on Saturday December 16th, and concluding after racing on Sunday December 24th 2023.