Auckland TR 10 April 2024 – R3 – Opie Bosson

Introduction

Following the running of Race 3, Class A Rider Mr O Bosson defended a charge of careless riding which was filed pursuant to Rule 638(1)(d).

Particulars of the charge

That (Class A Rider O Bosson) permitted his mount to shift outwards when not sufficiently clear of HOLY ORANGE which was checked near the 450 metres.

The Rule

Rule 638(1)(d) provides:

A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Evidence

At the commencement of the hearing, Mr Bosson confirmed that he wished to defend the charge. He endorsed the Information “I do not admit the breach of the rule.”

Stipendiary Steward Mrs Selvakumaran advised the Adjudicative Committee that she intended to call two witnesses to prove the charge: namely Senior Stipendiary Steward Mr B Jones and the Rider of HOLY ORANGE Ms U Holmquist.

Witness Mr Jones

In support of his evidence, Mr Jones used the available race films. Nearing the 450 metres, he pointed out THE STORYTELLER (O Bosson) on the rails, HOLY ORANGE (U Holmquist) was on its outer following SUNSET BOULEVARD (R Elliot) and BEAU ONDAGO (T Moodley), who was to the outside racing 3 or 4-wide without cover.

Using the ‘turn camera’ footage, Mr Jones said Mr Bosson shifted off the rails with the intention of following Mr Elliot’s mount and in doing so, he took the running line of HOLY ORANGE, who became awkwardly placed and Ms Holmquist had to check her mount. At this point, after the shift, he said that  Mr Bosson has established himself to the outside of Mr Elliot.

Using the ‘head on’ camera, Mr Jones pointed out that when Mr Bosson shifted out, he has placed HOLY ORANGE onto the heels of BEAU ONDAGO, causing Ms Holmquist having to check her mount.

Using the ‘side on’ camera angle, he again showed that Mr Bosson ended up to the outside of Mr Elliot’s mount and at the time of the shift, he was no more than a head clear of Ms Holmquist’s mount, not the required, his own length plus one other.

Witness Ms U Holmquist

Ms Holmquist confirmed that she was the Rider of HOLY ORANGE. She stated that near the 450 metres, her mount was checked.  She said that coming into the home straight, Mr Bosson’s horse shifted out slightly and as a result, she had to take hold of her horse – referring to the race films she said, “it is clear”.  She said Mr Bosson was not two lengths clear of her horse when he shifted, and that’s why she had to take a strong hold of her horse.

Under cross examination, Mr Bosson suggested to Ms Holmquist that he had “beaten her to the gap” to which she replied, “I already had enough room to go forward”.

Respondent Mr Bosson

Mr Bosson stated that there was room for him to shift when he first came out and he believed that he has beaten Ms Holmquist to the gap. He said that he ended behind the horse in front of him quite comfortably and without putting any pressure on Ms Holmquist.  He said that she was riding loose and there was a gap and she only pushed forward after he shifted out under pressure.

Under cross examination from Mrs Selvakumaran concerning the gap Mr Bosson had referred to in his evidence, he responded “ I’m behind Mr Elliot…I’ve shifted out…I’ve established myself into run”. Mrs Selvakumaran put it to Mr Bosson that he was never any more than the required distance clear of Ms Holmquist when he shifted, to which he replied, “she was riding loose”.

Summing up

In summing up, Mrs Selvakumaran said that in this case, Mr Bosson was careless because he was not his own length and one clear of Ms Holmquist’s mount when he shifted out. He shifted from the rail and ended up 4 wide, forcing Ms Holmquist onto the heels of Mr Moodley’s mount and she had to check her mount.

In summing up his case, Mr Bosson reiterated that Ms Holmquist was racing in a loose position and there was always a gap available for him to take. He said that once he shifted out, “she has woken up” and then tried to put herself into the gap.

Decision and Reasons

After reviewing the race films and evaluating the evidence, the Adjudicative Committee found the charge proved to the requisite standard, namely on the balance of probabilities.  This simply means it was more probable than not, that Mr Bosson was in breach of the Careless Riding Rule.

A Rider is deemed to be careless when he or she fails to take reasonable steps to avoid causing interference, or causes interference by misjudgement or mistake.  The test being whether the Rider exercised the degree of care and attention that a Rider would exercise if placed in the same circumstances.  On this occasion, the Adjudicative Committee is of the opinion that Mr Bosson did not exercise the necessary care required of him under the circumstances.

The films clearly establish that Mr Bosson shifted off the fence into a more favourable position. When shifting, Mr Bosson was never his own length and one other clear of HOLY ORANGE.  At best, when shifting, he was about a head clear.  The films do not support Mr Bosson’s defence that he had established himself into the available gap.  It is clear that HOLY ORANGE suffered a check as a result of Mr Bosson’s outward shift.   Ms Holmquist may have been riding loose (as described by Mr Bosson), but she was entitled to hold her position.

Guidance can be taken from Rule 642(2)(b) which relates to ‘interference’ for the purpose of Rules 637 and 642:

(b) interference is defined as:

(i) a horse crossing another horse without being at least its own length and one other clear length in front of such other horse at the time of crossing;

(ii) a horse jostling with another horse, unless it is proved that such jostling was caused by the fault of some other horse or Rider or that the horse or Rider jostled with was partly at fault; or

(iii) a horse itself, or its Rider, in any way interfering with another horse or the Rider of another horse in a Race, unless it is proved that such interference was caused by the fault of some other horse or Rider or that the horse or Rider interfered with was partly at fault.

The above definition of interference relates to Rules 637 and 642, but it is a well-established Rule of practice that when Riders cross, they must be their own length and one other clear, as is indicated in clause (i) of the definition.

Penalty Submissions and Reasons for Penalty

Mrs Selvakumaran submitted that this is Mr Bosson’s sixth breach of the Careless Riding Rule within the past 12 months.  During that period, he has had 317 race rides in New Zealand and several in Australia.  One of his suspensions is due to expire in 2 days (13/04/24).  She submitted that Mr Bosson’s most recent suspension occurred on the previous Saturday (6/04/24) when he was riding in Sydney.  As a result, Mr Bosson is due to commence that suspension on 14/04/24 and it concludes after racing on 25/04/24.

Mrs Selvakumaran added that Stewards assessed this breach as being in the low to mid-range.

In response, Mr Bosson said that he had a riding commitment in Adelaide (South Australia) on 27 April 2024 and wondering whether he could defer any proposed suspension until after that date.

Penalty and reasons

The Adjudicative Committee has assessed the level of carelessness to be in the low range, which has a starting point of 5 days suspension. Mr Bosson’s riding history is treated as a neutral factor, but it was pointed out to him that he needs to take care, because any future breaches are likely to result in a penalty uplift due to his record. Although Mr Bosson cannot be penalised for defending the charge, he cannot be given credit for an admission of the breach that may otherwise have been afforded to him had he done so.

After considering all the factors, the Adjudicative Committee determined a 5-day suspension to be an appropriate penalty.

Mr Bosson’s request to defer his suspension until after 27 April 2024 to enable him to ride in South Australia cannot be granted, as the Rules do not permit a deferment of more than 10 days.

Conclusion

Accordingly, Mr Bosson’s License to ride in races is suspended for a period of 5 days. This will commence on 26 April 2024, being the day after his Sydney suspension expires, and conclude after racing on 2 May 2024.