Ashburton RC 18 December 2024 – R7 – Diego Montes de Oca
ID: RIB49552
Animal Name:
SIR ALBERT
Code:
Thoroughbred
Race Date:
18/12/2024
Race Club:
Ashburton Racing Club
Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700
Race Number:
R7
Hearing Date:
18/12/2024
Hearing Location:
Ashburton
Outcome: Proved
Penalty: Jockey Diego Montes de Oca was fined $300
Evidence:
Following the running of Race 7, the Respondent Class A Rider Diego Montes de Oca, admitted a charge of striking his mount with an action which raised his arm above shoulder height, which was filed pursuant to Rule 638(3)(f)(ii). The Information alleged that as the Rider of SIR ALBERT “he struck his mount four times with an action which raised his arm above shoulder height”.
The Respondent acknowledged he understood the Rule and confirmed his admission of the breach.
Rule 638(3)(f)(ii) provides:
(f) Without limiting the generality of subrule 638(3)(e), in a Flat Race or Jumping Race, a
Trial (including jump-outs and/or tests for certification purposes) a Rider must not use
(ii) using an action that raises the Rider’s arm above shoulder height;
Using the available race films, Stipendiary Steward Mark Davidson demonstrated the incident and identified Mr de Oca riding SIR ALBERT, when racing widest on the track and in contention. He pointed out Mr de Oca use his whip 4 times from near the 200m to near the 100m, with an action above the shoulder height. Mr Davidson added, 2 of the strikes were with a very high action.
Mr de Oca stated that he just simply forgot about the Rules and Whip Regulations in regard to the restrictions on the height of the arm action.
Decision:
As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.
Submission for Penalty:
Stipendiary Steward Mr Davidson produced the Respondent’s riding record, which indicated no previous breaches under the Whip Rule in the last 12 months.
Mr Davidson stated the Penalty Guide provided a starting point of $250 for a first offence and stated that this breach was above mid range, due to the number of strikes above the shoulder and the very high height, in particular, of 2 of the strikes. He submitted that a small uplift in penalty be considered, due to these factors.
Mr de Oca elected to make no submissions in regard to penalty.
Reasons for Penalty:
The Penalty Guide provides a $250 fine for 1st offence mid range breach of this Rule. The Adjudicative Committee agreed with the Stewards that this breach was above mid range and determined an uplift in penalty was warranted. This uplift was set at $50.
It was deemed that a $300 fine was an appropriate penalty in this case.
Conclusion:
The Respondent Mr de Oca is fined the sum of $300.
Decision Date: 18/12/2024
Publish Date: 19/12/2024