Hawkes Bay RI 10 September 2022 – R5 – Opie Bosson

ID: RIB11003

Respondent(s):
Opie Bosson - Jockey

Applicant:
Mr J Oatham

Adjudicators:
N Moffatt and N McCutcheon

Persons Present:
Mr Neil Goodwin - Stipendiary Steward, Mr O Bosson

Information Number:
A15559

Decision Type:
Race Related Charge

Charge:
Excessive use whip

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
DYNASTIC

Code:
Thoroughbred

Race Date:
10/09/2022

Race Club:
Hawkes Bay Race Club

Race Location:
Hastings Racecourse - 200 Prospect Road, Hastings, 4122

Race Number:
R5

Hearing Date:
10/09/2022

Hearing Location:
Hastings Racecourse

Outcome: Proved

Penalty: Jockey Opie Bosson is fined $1150

Evidence

Following the running of Race 5, the Respondent Mr O Bosson admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins); or

Using the available race films Mr Goodwin demonstrated that Mr Bosson struck his mount 7 times from the straight entrance to the 100-metre mark.

Mr Bosson agreed that he had used his whip two times more than the five allowed.

Decision

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

Submissions For Penalty

Mr Oatham produced Mr Bosson’s record which showed only 1 other breach of the Whip Rule in the previous 6 months where he was fined $250 in June 2022 for striking his horse six times.

Mr Oatham said a 2nd breach with two additional strikes would normally incur a $500 fine however this was a Listed Race and Mr Bosson won the race. For black type races the following applies:

  • In all breaches of the whip Rules in any Black-Type race, the starting point for a fine will be an amount equal to 50% of the Jockey’s share of the stake earned by their mount, and may be in addition to any suspension imposed as above.

Reasons For Penalty

Mr Bosson won the race on DYNASTIC with the Rider’s share of the stake amounting to $2,300.  After considering the film evidence, the submissions and having due regard for the number and frequency of strikes, the Adjudicative Committee determined it appropriate that Mr Bosson be fined 50% of his share of the stakes as per the Penalty Guidelines.

Conclusion

Mr Bosson is fined $1150.00.

Decision Date: 10/09/2022

Publish Date: 13/09/2022