Riccarton Park – Canterbury JC 29 January 2022 – R7 – Diego Montes de Oca

EVIDENCE:

Following the running of Race 7, Rangiora New Word Rating 65, the Respondent, Apprentice Jockey Diego Montes de Oca admitted a charge alleging that he used his whip with his arm raised above shoulder height when riding CEDDY SMITH over the concluding stages.

Licensed Class A Trainer, Michael Pitman, was present to assist.

Rule 638(3)(f) provides that a Rider must not use his or her whip:

(ii)  using an action that raises the Rider’s arm above shoulder height.

Using the available video replays, Stipendiary Steward, Mark Davidson, demonstrated that the Respondent struck his mount on 3 occasions approaching the 100-metre mark using an action with the whip that raised his arm above shoulder height. Mr Davidson added that Mr Montes de Oca went on to win the race.

Mr Pitman and the Respondent both accepted the allegation of using the whip on 3 occasions with an action that was above shoulder height.

DECISION:

As the Respondent, Apprentice Jockey Diego Montes de Oca has admitted the breach, the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson produced the Respondent, Mr Montes de Oca’s record which indicated four previous breaches of the Whip Rules within the last 6 months as follows:

7 October 2021 at Manawatu – 6 strikes prior to the 100 metres, suspended 5 days;

21 December 2021 at Ashburton – 6 strikes prior to the 100 metres, suspended 5 days and fined $150;

26 December 2021 at Otago – using whip in 3 consecutive strides, suspended 5 days and fined $135;

20 January 2022 at Riccarton – 5 strikes prior to the 100 metres, 2 above shoulder height – 6 days.

Mr Davidson stated that there was no Starting Point for a 5th breach in the Penalty Guidelines but submitted that using the standard increase in penalty of 1 to 2 days for subsequent offences, that a suspension above the 6 days previously imposed, be considered. He also stated that as Mr Montes de Oca went on to win the race a fine commensurate with 50% of  his share of the stake be imposed. He submitted that a fine between $200 and $400 be considered, noting that Mr Montes de Oca was an Apprentice and only received 50% of the share in the stake.

Mr Davidson stated that Mr Montes de Oca was already about to start a suspension imposed on 20 January where he was suspended from the end of racing today, 29 January up to and including 9 February 2022. He added that any suspension imposed would need to begin following this term.

Mr Pitman said that the Respondent  had been in the country for nearly 3 years and had spent the first 15 months in a stable from which he only had a few rides, having previously ridden 89 winners in Argentina, where the Whip Rules are different. Mr Montes de Oca accepts that he has to adjust his whip action but is finding it difficult.

Deferment of suspension was not an option as Mr Montes de Oca would already be under suspension as of the close of racing today.

REASONS FOR PENALTY:

As there is no starting point for a 5th breach of this Rule, the Adjudicative Committee adopted the previous penalty of 6 days as the starting point with an obvious increase in penalty warranted.  The aggravating factors in this case were firstly, Mr Montes de Oca’s poor record, with 4 breaches of the Whip Rule in the previous 6 months, which warranted an uplift in penalty. This uplift was set at 2 days. The second aggravating factor is the fact that Mr Montes de Oca went on to win the race which warranted a further uplift which was set at 1 day plus the addition of a fine. The Jockey share of the stake in this event was $862.50 of which Mr Montes de Oca receives 50% as his employer receives the other 50% of the share. Taking into consideration all factors it was determined that a fine of $250 was an appropriate penalty on this occasion.

A suspension of 9 days is imposed. In addition a fine of $250 is imposed.

CONCLUSION:

The Respondent is suspended for 9 national riding days from close of racing on 9 February 2022 until close of racing on 24 February 2022. The Respondent is fined the sum of $250.