Waikato TR 3 October 2024 – R3 – Opie Bosson

Evidence:

Following the running of Race 3, the “Waipa Earthworks 1300”, Mr Dooley presented an Information charging Mr Bosson, the Rider of “PUZZLE MASTER” with careless riding in breach of Rule 638(1)(d).

It alleged that Mr Bosson permitted his mount to shift inwards near the 100 metres mark when not sufficiently clear of “MONEYPENNY”, which had to be checked.  Thereafter, Mr Bosson’s mount continued to shift  inwards, resulting in a second horse “ASPEN VOLTAGE”, having to be steadied to avoid clipping heels over the concluding stages of the race.

Mr Bosson admitted the breach of the Rule.

The race films depicted Mr Bosson’s mount “PUZZLE MASTER”, short priced $1.40 favourite, commencing a finishing run, initially 4 wide entering the home straight.  Nearing the 100 metres mark, it shifted in when not the required distance ahead of “MONEYPENNY”, which had been improving.  The Rider of that horse (Mr V Colgan) had to restrain his mount and a quite severe check occurred, so as to extinguish any chance it had of finishing in a placing.  Mr Bosson corrected the inward movement, but again applied the whip and his mount once again veered inwards and crossed “ASPEN VOLTAGE” (R Elliot), which had to be steadied to avoid clipping heels with “PUZZLE MASTER”.  That took place near the finish line and appeared to cost “ASPEN VOLTAGE” 3rd place, as it finished a very close 4th (a nose from 3rd).  “PUZZLE MASTER” won the race.

Mr Bosson said his mount was “green” and twice “ducked away” from his use of the whip on its right flank.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Dooley advised that Mr Bosson, a very busy prominent Rider, had had five periods of suspension in a 12 month period, the last being 3 1/2 weeks ago, on 14 September 2024, for which he received a 6 days’ suspension.  He submitted that the degree of carelessness was “mid range”, with which the Adjudicative Committee agrees.  Mr Dooley said that it was aggravating the first event caused a sharp check to Mr Colgan’s mount, and the crossing of Mr Elliot’s mount cost a 3rd place.

Mr Bosson said his mount was “green” but accepted that a term of suspension had to follow.  He said he had riding engagements for up to the next 10 days.

Reasons for Penalty:

In fixing the penalty, the Adjudicative Committee started with a suspension of 7 National Riding Days, in line with the NZTR Guide for mid range careless riding offending.  Mr Bosson’s record of five careless riding offences over the past 12 months, is required to be taken into account.  It is an aggravating factor, as are the consequences to the two other horses and Riders, although there was only one charge of careless riding presented.

Mr Bosson, in order to secure the win in the race, broke the Rules of Racing by riding carelessly over the final 100 metres.  His actions affected two horses on separate occasions.  Mr Colgan’s chances were extinguished and Mr Elliot lost 3rd place by a nose.  In theory, Mr Bosson might have faced two careless riding charges for the separate events, but they represent aggravating factors related to the single charge.

Mr Bosson’s record is troubling for a senior, very experienced and prominent Rider. It has to be taken into account also, as aggravating.  He did not contend, or seek, any discount for admitting the breach and in any event, none would have been granted, as any defence would have been futile, and he did not express any remorse or contrition.  From a starting point of 7 days suspension (as per the NZTR Guide), an uplift to reflect all the aggravating factors, of 2 days, is necessary.

Conclusion:

Accordingly, Mr Bosson’s Licence to ride is suspended for 9 National Riding Days, to commence at the conclusion of racing on 13 October 2024 and to finish at the conclusion of racing on 28 October 2024.