Canterbury JC 13 November 2021 – R8 – Opie Bosson

SUMMARY OF FACTS:

Jockey Opie Bosson was  charged after Race 8, that he struck his mount, THE PERFECT PINK, 8 times prior to the 100 metres.

The Rule provides that a Rider must not strike a horse with a whip more than 5 times prior to the 100-metre mark.

SUBMISSIONS:

Mr Oatham showed a video replay of the final 400 metres of the race. He pointed out THE PERFECT PINK, ridden by Mr Bosson, the widest runner on the track as the field turned into the home straight. He showed that, from that point, Mr Bosson used his whip 8 times prior to the 100 metres, the final strike being close to the 100 metres.

Mr Bosson accepted the alleged count of 8 strikes. He did not wish to make any comment.

REASON FOR DECISION:

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

SUBMISSION FOR PENALTY:

Mr Oatham said that Mr Bosson has one whip charge on his record in the last 6 months – at Te Rapa (6 times prior to the 100 metres fined $250). He referred to the Penalty Guide which specifies, for a second offence, the greater of a $500 fine of 50% of the Jockey’s share of the stake. That percentage in today’s race amounts to $4,312.50. He submitted that a minimum fine should be $4,500 given the status of the race. The Committee should also consider a term of suspension, he said.

Mr Bosson said that a further term of suspension, on top of a large fine, would be a harsh penalty. He was already facing a suspension and a fine on the careless riding charge.

REASON FOR PENALTY:

The NZTR Revised Penalty Guidelines, for a second offence of a breach of the Whip Rule prior to the 100 metres, provides for a starting point for penalty of the greater of a fine of $500 or 50% of the Jockey’s share of the stake. The Guidelines go on to further provide that an increased percentage of the jockey’s share of the stake is to be added where the whip infringement is in a black type race. It should be recognised that the stake in such a race will always be greater and, therefore, so also will be the Jockey’s share of that stake. The Guidelines do not require a suspension for a second offence, although the Committee recognises that this option is available.

The Committee notes that Mr Bosson’s 50% share of the Jockey’s share of the stake is $4,312.50. That in itself is obviously a significant penalty by any definition. Mr Oatham has submitted that an appropriate penalty should be a fine of not less than $4,500.

Mr Bosson has already incurred a 7-days suspension and a fine of $1,500 for a careless riding breach in the same race. In considering penalty for this whip breach, we have had regard to the totality of the offending and have decided that a suspension is not required for this whip breach.

In the event, we have decided that a fine of $4,500 is the appropriate penalty.

CONCLUSIONS:

Jockey Opie Bosson is fined the sum of $4,500.