Canterbury JC 13 November 2021 – R8 – Opie Bosson

ID: RIB5776

Respondent(s):
Opie Bosson - Jockey

Applicant:
John Oatham, Chief Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair) and Dave Anderson

Persons Present:
Ms Veronica Algar - Stipendiary Steward

Information Number:
A14084

Decision Type:
Race Related Charge

Charge:
Careless Riding

Rule(s):
638(1)(d) - Riding/driving infringement

Plea:
Admitted

Animal Name:
The Perfect Pink

Code:
Thoroughbred

Race Date:
13/11/2021

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R8

Hearing Date:
13/11/2021

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Jockey Opie Bosson suspended 7 days plus $1,500 fine imposed.

SUMMARY OF FACTS:

Following Race 8, Barneswood Farm 49th New Zealand 1000 Guineas (Group 1), Jockey Opie Bosson was charged with careless riding in that he permitted his mount, THE PERFECT PINK, to shift inwards when not sufficiently clear of VENTURESOME (Krishna Mudhoo) resulting in that horse being forced into the line of AND WE DANCED (Lisa Allpress) near the 1400 metres.

SUBMISSIONS:

Mr Oatham had Stipendiary  Steward, Ms Veronica Algar, show video replays of the incident from three angles, approximately 200 metres after the start of the 1600 metres race. She pointed out the relevant runners, THE PERFECT PINK, ridden by Mr Bosson, which had drawn gate 12, VENTURESOME, gate 10, and AND WE DANCED, gate 5.

Ms Algar then showed Mr Bosson start to shift his mount inwards just after the start and dictate Mr Mudhoo in and force him to check and restrain his mount and into the line of Mrs Allpress.

Mr Bosson agreed that he had placed pressure on Mr Mudhoo’s mount, but did not agree that Mrs Allpress had to check. She had been easing back before it happened, he submitted. It also did not help, he submitted, that Mr Mudhoo’s mount had skied its head and overraced at that point.

Mr Oatham confirmed that, from the Stewards’ perspective, the charge primarily results from the interference to Mr Mudhoo’s mount. He acknowledged that any interference to Mrs Allpress’s mount was relatively minor.

REASON FOR DECISION:

Mr Bosson has admitted the charge which is found proved accordingly.

SUBMISSION FOR PENALTY:

Mr Oatham said that Mr Bosson’s  most recent careless riding breach was on 2nd June at Cambridge JC (mid-to-high range, suspended 8 days and fined $400). Prior to that, on 1st January at Ellerslie (low-range, suspended 6 days and fined $750 in a Group 2 Race). On that same day, again in a Group 2 Race, he received a 5-days suspension and was fined $150 for a low-range breach). Mr Bosson has had, prior to today’s meeting, 216 rides this season. His record may be regarded as a neutral factor, Mr Oatham submitted.

Mr Oatham said that this incident was “somewhere in the mid-range”, for which the Penalty Guide provides a starting point of a 7-days suspension, plus a fine can be added in the case of a black type/major race, as this was. Mr Oatham added that Mr Bosson has also been charged with a whip offence in the same race, which will inevitably involve a large fine. This should be taken into account, Mr Oatham submitted.

Mr Oatham submitted that the Committee should take into account the racing manners of Mr Mudhoo’s mount, which may have made the incident look worse.

Mr Bosson repeated Mr Oatham’s submission that the Committee should take into account the anticipated fine for the pending whip charge. He requested a deferment of suspension until after the meeting of Counties RC on 20 November.

REASONS FOR DECISION:

The Committee adopted the suggested penalty starting point in the NZTR Revised Penalty Guidelines. We find this breach to be in the mid-range and, therefore, the appropriate starting point is a 7-days suspension. We believe that a 7-days suspension is the appropriate penalty for this breach. The Guidelines go on to provide that fines are to be added in black type/major races. This particular race was a Group 1 for a stake of  $300,000. A fine, in addition to a term of suspension, is also required.

We can only take into account to a limited extent, the amount of any fine likely to be imposed in the whip charge arising out of the same race. The two offences have to be treated separately, as that is what they are. However, we have settled on a fine for this breach in the amount of $1,500 rather than a fine based on any percentage which could, conceivably, be up to 50% of Mr Bosson’s share of the stake money for winning the race, which would be considerably greater. We need to recognise the status of the race and the stake payable.

We record that we are satisfied that any consequential interference to Mrs Allpress’ mount was minor indeed and we have disregarded it in assessing the severity of the breach.

CONCLUSIONS:

Jockey Opie Bosson is suspended from after the close of racing on 20 November up to and including 2 December 2021 – 7 national riding days.

In addition, Mr Bosson is fined the sum of $1,500.

Decision Date: 13/11/2021

Publish Date: 15/11/2021