Whangarei RC 20 August 2022 – R4 – Opie Bosson

Evidence:

The Applicant, Chief Stipendiary Steward John Oatham filed an Information pursuant to Rule 330(3)(c) alleging that Class A rider Opie Bosson failed to make the contracted weight of 57kg for his mount LORD COSMOS in Race number 4, the Group 3 Cambridge Stud Northland Breeders Stakes.

The Respondent was present at the hearing and confirmed his admission of the breach.

Rule 330(3)(c) provides:

“A rider shall not fail to ride a horse at the weight at which it is handicapped to carry”. 

Given Mr Bosson’s record in the previous 120 days, this breach would generally be dealt with under the minor infringement schedule, however as the breach occurred in a Group 3 race the Stipendiary Stewards elected to file an Information.

Chief Stipendiary Steward John Oatham said Mr Rodley (Mr Bosson’s riding agent) contacted the Stipendiary Stewards on the morning of the races and advised that Mr Bosson was unable to make the carded weight of 57kg for LORD COSMON in Race 4 which was a Group 3 event.

Mr Bosson said that while he accepted the ride he thought it might be touch and go as to whether he could make the weight and Stable Rider Joe Kamaruddin was put on standby. He said as soon as he knew he wouldn’t make the weight on the morning of the races he let his Agent know.

Decision:

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

Submission for Penalty:

Chief Stipendiary Steward, Mr Oatham said that this is the Respondent’s 2nd breach of the rule within the last 120 days, which had occurred on the 29^th of April and resulted in a $100 fine from the Minor Infringement schedule. He said that the betting public and connections were affected as a result of Mr Bosson not making the weight as there were not a lot of available options for replacement. Mr Oatham indicated that all of these factors were aggravating and that the Stipendiary Stewards would be seeking a fine between $300 – $400.

Mr Bosson had nothing to add in relation to penalty submissions

Reasons for Penalty:

The MIN schedule establishes a $100 fine as the starting point for a first breach of this Rule.  In circumstances where Stewards elect to file an Information, determination of penalties are fact dependent.

The Adjudicative Committee considered the submissions and for consistency took some guidance from previous penalties for similar breaches.

Given the circumstances, and balancing the interests of the Respondent, other Stakeholders, and consistency, the Adjudicative Committee determined that a $350 fine is an appropriate penalty.

Penalty:

The Respondent is fined $350.