Hawkes Bay RI 10 September 2022 – R9 (heard 17 September 2022 at Riccarton) – Opie Bosson

Evidence

This was an adjourned hearing heard at Riccarton Park on 17 September 2022.

Following the running of Race 9, the Respondent, Opie Bosson, Class A  Rider, 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, Stipendiary Steward Mr Oatham demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.

In response, by way of explanation the Respondent Mr Bosson said that it was a Group 1 Race and he was in a tight finish. He added that he had misjudged where the 100m mark was positioned.

Decision

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

Submissions For Penalty

Mr Oatham produced the Respondent’s record which indicated 2 previous breaches being 4 June 2022 at Avondale – 6 strikes ($250), and 10 September 2022 at Hawkes Bay in a Group 1 Race – 7 strikes (a 50% share of the stake earned was imposed as penalty – $1150).

Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use.

Mr Oatham stated that IMPERATRIX finished 4th in the Group 1 Race with a stake of $15,000. 50% of the jockey’s share of the stake in this case would have been $375.

The Respondent Mr Bosson elected to make no submissions in regard to penalty.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

For breaches of the Whip Rule prior to the 100m mark:

3rd offence starting point-6 Strikes-$500 fine-If the breach is in a Black Type Race the starting point for a fine will be an amount equal to 50% of the Jockeys share of the stake earned or the starting point on the whip penalty table-which ever is the greater.

After considering the film evidence, the submissions and having due regard for the number of strikes, the Adjudicative Committee determined there were no compelling reasons to depart from the starting point set out in the Penalty Guide. The Penalty Guide starting point $500 is greater than 50% of the jockey’s share $375.

On that basis the Respondent is fined $500.

Conclusion

The Respondent Mr Bosson is fined $500.