Auckland TR 22 April 2023 – R5 – Opie Bosson

Evidence:

The Applicant, Stipendiary Steward Adrian Dooley, filed an Information pursuant to Rule 330(3)(c) alleging that Class A Rider Opie Bosson, failed to make the contracted weight, 55kg, for his mount THE PRINCIE ONE in Race number 5.

The Respondent was present at the hearing and confirmed his admission of the breach.

Rule 330(3)(c) provides:

“A Rider shall not fail to ride a horse at the weight at which it is handicapped to carry”. 

Stipendiary Steward Adrian Dooley advised that THE PRINCIE ONE was handicapped to carry 55kg and that at weight out, the Respondent was 1 kg overweight. Mr Dooley stated that Mr Bosson was unwell and had been stood down for the remainder of the day.

By way of explanation, the Respondent said that he was unwell and suffering from a virus. He added that he was overweight the previous week due to being unwell, having difficulty wasting, with the virus still affecting his ability to waste today.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submission for Penalty:

Stipendiary Steward Mr Dooley said that this is the Respondent’s 2nd breach of the Rule within the last 12 months, the previous being at Manawatu on 14 April 2023, where Mr Bosson was fined $100 for a first offence.  He said breaches are normally dealt with by way of Minor Infringement Notice (MIN), but due to the status of the race, a Listed Race, Stewards elected to proceed by way of an Information as opposed to having the matter dealt with by way of MIN.

Stipendiary Steward Mr Dooley submitted the breach could be dealt by way of fine. He added that normally a second offence is usually dealt with by the MIN system with a $200 fine imposed. In this instance, the status of that race was an aggravating factor and submitted that a $300 fine be considered as penalty.

The Respondent agreed that a fine would be an appropriate penalty.

Reasons for Penalty:

The MIN schedule establishes a $200 fine as the starting point for a second breach of this Rule.  In circumstances where Stewards elect to file an Information, determination of penalties are fact dependent.

The Adjudicative Committee agreed that the status of the race was an aggravating factor and determined that an uplift was warranted. This uplift we set at $100, with Mr Bosson being fined the sum of $300.

Conclusion:

The Respondent is fined $300.