Waikato TR 30 August 2023 – R3 – Opie Bosson

ID: RIB26966

Respondent(s):
Opie Bosson - Jockey

Applicant:
Mr C Simpson - Stipendiary Steward

Adjudicators:
Hon J W Gendall KC

Persons Present:
Mr C Simpson, Mr B Jones - Senior Stipendiary Steward, Mrs L Selvakumaran - Stipendiary Steward, Mr O Bosson

Information Number:
A16248

Decision Type:
Race Related Charge

Charge:
Careless Riding

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

Plea:
Admitted

Animal Name:
JOHNNIE KASTLE

Code:
Thoroughbred

Race Date:
30/08/2023

Race Club:
Cambridge Jockey Club

Race Location:
Cambridge Jockey Club - 40 Racecourse Road, Cambridge, 4210

Race Number:
R3

Hearing Date:
30/08/2023

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Jockey Opie Bosson is suspended for 6 days

EVIDENCE:

Following the running of Race 3, the “Saddlery Warehouse 1300”, Mr Simpson presented an Information charging Mr Bosson, the Rider of “JOHNNIE KASTLE” with careless riding in breach of Rule 638(1)(d).

The charge alleged that Mr Bosson allowed his mount to shift in (near the 1000 metre mark) when insufficiently clear of “MARY ELIZABETH” which had to be checked in order to avoid the heels of “JOHNNIE KASTLE”.

Mr Bosson admitted the charge.

Mrs Selvakumaran illustrated the incident from the race films, which showed that approaching the 1000 metre point, Mr Bosson, when moving in from 3-4 wide in order to take up a position just behind the leading horses, was insufficiently clear of “MARY ELIZABETH” which was racing near the rails.  This caused Apprentice Jockey Mr N Hailey, to check his mount so as to avoid the heels of “JOHNNIE KASTLE” so as to lose several lengths.

Mr Bosson said he was endeavouring to get into a handy position and simply misjudged his movement as he thought he was “clear”, but frankly accepted that such was not the case.

DECISION:

As the charge was admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Simpson advised that Mr Bosson as a Senior and experienced Rider had had 410 rides over the past 12 months and in that time, had 4 previous breaches of the Rule in New Zealand and one careless riding offence – Australia, with New Zealand suspension penalties up to 6 National Riding Days.  He submitted the degree of careless riding was “mid range”.

Mr Bosson accepted that he had to be suspended, but advised that he had committed engagements up until, and including the meeting at Hastings on 9 September 2023.  That is 10 calendar days from today, and he is entitled to a deferment for such a period.  The Adjudicative Committee considers that the degree of carelessness was between mid and low range.

REASONS FOR PENALTY:

Taking assistance from the NZTR Penalty Guide where a starting point of 7 days suspension is fixed for a mid range breach, the Adjudicative Committee takes 6 days suspension for this low/mid range breach.  There are no significant mitigating or aggravating features so as to require any adjustment.

CONCLUSION:

Accordingly, Mr Bosson’s Licence to ride is suspended for 6 National Riding Days, to commence at the conclusion of racing on 9 September 2023 and to finish at the end of racing on 17 September 2023.

Decision Date: 30/08/2023

Publish Date: 31/08/2023