Auckland TR 1 January 2024 – R8 – Opie Bosson
ID: RIB31275
Animal Name:
DRAGON LEAP
Code:
Thoroughbred
Race Date:
01/01/2024
Race Club:
Auckland Thoroughbred Racing
Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120
Race Number:
R8
Hearing Date:
01/01/2024
Hearing Location:
Pukekohe
Outcome: Proved
Penalty: Jockey, Opie Bosson fined $550
Evidence
Following the running of Race 8, the Sistema Railway (Group 1) the Respondent Class A Rider, Mr O Bosson admitted a charge alleging use of whip in consecutive strides over the concluding stages. Particulars of the charge were that Mr Bosson struck his mount DRAGON LEAP in two consecutive strides.
Rule638(3)(g)(ii) provides that in a Flat Race a Rider must not:
(ii) strike a horse with a whip in consecutive strides at any stage of the race.
Using the available race films Chief Stipendiary Steward, Mr Oatham identified DRAGON LEAP widest on the track. He demonstrated that Mr Bosson struck his mount twice consecutively, over the concluding stages of the Race, nearing the finish.
In response, by way of explanation Mr Bosson stated that he didn’t realise he struck his mount in consecutive strides.
Decision
As Mr Bosson admitted the breach the Adjudicative Committee finds the charge proved.
Submissions For Penalty
Mr Oatham produced Mr Bosson’s record which indicated one previous warning. He said that this breach therefore constitutes his second breach of the Rule within the reset period.
Mr Oatham submitted that the Penalty Guide provides for a $150 fine for a second breach. He pointed out however that the breach occurred in a Group One Race and in such circumstances, according to the Penalty Guide, the fine to be imposed is to be the greater of the recommended fine ($150) or 50% of the riders share of the stake earned by their mount.
DRAGON LEAP finished fourth and earned $22000, and the Respondent’s 50% share of the stake equates to $562.50.
Mr Bosson had nothing to add in terms of penalty.
Reasons For Penalty
The Penalty Guide starting point for a breach of this nature is $150 fine unless the breach occurred in a Black-Type race. As submitted by Mr Oatham, this breach was in a Group 1 Race and Mr Bosson’s (50%) share of the stake was $562.20.
After considering the film evidence, the submissions and having due regard for the number of consecutive strikes, the Adjudicative Committee determined a fine of $550 to be appropriate in the circumstances.
Conclusion
Class A Rider, Mr Bosson is fined $550.
Decision Date: 01/01/2024
Publish Date: 02/01/2024