Ashburton RC 30 October 2022 – R4 – Diego Montes de Oca

SUMMARY OF FACTS:

Following the running of Race 4, an Information was filed by Stipendiary Steward, Mr M Davidson, against Mr Montes de Oca, alleging careless riding, in that he permitted his mount, NAKAMOTO, to shift outwards when not sufficiently clear of AN MORRIGHAN which was checked near the 150 metre mark.

Rule 638(1)(d) reads as follows;

“(1) A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be:

    (d) careless”

Mr Montes de Oca had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Montes de Oca also acknowledged that he understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Jockey Mentor, assisted Mr Montes de Oca at the hearing along with Mr Michael Pitman.

SUBMISSIONS:

Mr Davidson, with the assistance of Mr Oatham, used the race films to show Mr Montes de Oca approaching the 150 metre mark. Mr Montes de Oca was inside Mr Kwo’s mount AN MORRIGHAN. Mr Oatham outlined that a run presented for Mr Montes de Oca and he turned his mount’s head out on a sharp angle. Mr Montes de Oca drew his whip in his right hand and allowed his horse to shift out further. As a result he has ended up two horse widths wider than he needed to.

Mr Pitman wished to highlight that the horse was running greenly. Mr Walsh said that it was clear he had shifted out but that Mr Kwo only had to take a brief hold.

DECISION:

As Mr Montes de Oca had admitted the breach, the charge was found to be proved.

SUBMISSIONS ON PENALTY:

Mr Davidson submitted that Mr Montes de Oca had not a bad record and referred the Adjudicative Committee to two relevant prior breaches both from 17 September 2022 at Riccarton. A suspension of 9 days was imposed for a mid to high range breach and 5 days for a mid to low range breach.

In respect of the mitigating factors raised by Mr Pitman and Mr Walsh, Mr Davidson accepted the horse was running greenly and that it continued to shift outwards, however, he submitted that it is Mr Montes de Oca’s obligation to straighten the horse.

Mr Davidson submitted that this was a low end breach and Mr Montes de Oca should get credit for his plea. He saw his record as a neutral factor.

Mr Pitman submitted that a fine was an appropriate penalty in this case. He said Mr Montes de Oca had a young family and a suspension would be a significant penalty given that he would miss riding at all three meetings at Cup Week in Christchurch.

Mr Montes de Oca requested a deferment of penalty until after 1 November 2022 where he had riding commitments.

REASON FOR PENALTY:

It is agreed that this breach is low range. This is due to the brevity of the interference. Accordingly the starting point adopted is a 5 day suspension. The mitigating factors are the way Mr Montes de Oca’s mount was running and his plea. His record is also fairly good. Accordingly, a 4 day suspension is the appropriate penalty in this case.

Mr Montes De Oca’s application for a deferment of penalty until after racing on 1 November 2022 was granted.

CONCLUSION:

Mr Montes De Oca is suspended for 4 days from the end of racing on 1 November 2022 up to and including 6 November 2022.