Ashburton RC 21 December 2021 – R4 – Diego Montes de Oca
ID: RIB6585
Animal Name:
SULU SEA
Code:
Thoroughbred
Race Date:
21/12/2021
Race Club:
Ashburton Racing Club
Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700
Race Number:
R4
Hearing Date:
21/12/2021
Hearing Location:
Ashburton Racecourse, Racecourse Rd, Ashburton 7700.
Outcome: Proved
Penalty: Apprentice Jockey Diego Montes de Oca is suspended for 5 National Riding Days and fined $150.
EVIDENCE:
Following the running of Race 4, Chief Stipendiary Steward Mr John Oatham presented an Information alleging a breach of Rule 638(3)(g)(i) by Apprentice Jockey Mr Diego Montes de Oca which was admitted. Mr Montes de Oca confirmed to the Adjudicative Committee that he was conversant with the Rule. He was assisted at the hearing by Licensed Trainer Mr Michael Pitman.
Mr Oatham played the replay video of the home straight and identified Mr Montes de Oca (SULU SEA ) who was racing against the rail. He counted 6 clear strikes and pointed to a seventh strike that was very close to the 100 metre mark which was not included.
Mr Montes de Oca and Mr Pitman did not dispute the count.
DECISION:
Mr Montes de Oca having admitted the breach the charge was found proved.
SUBMISSIONS ON PENALTY:
Mr Oatham stated Mr Montes de Oca has two previous breaches of the Rule on record, the first on June 25th and the second on October 7th. He said the aggravating feature for his 3rd breach is that he won the race.
He said the Stewards would expect a penalty in line with the revised NZTR Guidelines.
Mr Pitman submitted that Mr Montes de Oca has a very busy time in front of him and asked the Adjudicative Committee to consider the busy holiday racing schedule when setting penalty.
Mr Montes de Oca asked for a deferment of any suspension until after racing on 30 December.
REASONS FOR PENALTY:
The Penalty Guidelines for a 3rd breach of the Rule provides a starting point of a 5 National Day suspension plus 50% of the Jockey’s share of stake.
The Adjudicative Committee has taken into consideration Mr Montes de Oca has won this race, his status as an Apprentice Jockey, the force of the strikes which were not excessive, and his admittance of the charge.
The Adjudicative Committee determined that a 5-day suspension is an appropriate penalty in this case and in addition a fine of $150 is imposed being approximately 50% of Mr Montes de Oca’s share of stake monies.
Deferment is granted pursuant to Rule 1106(2)(b).
PENALTY:
Mr Montes de Oca’s Licence is suspended for 5 National Riding Days from the close of racing on the 30th December up to and including racing on the 5th January 2021. In addition, Mr Montes de Oca is fined $150.
Decision Date: 21/12/2021
Publish Date: 22/12/2021