Canterbury JC 14 November 2022 – R6 – Diego Montes de Oca

ID: RIB12808

Respondent(s):
Diego Montes de Oca - Apprentice Jockey

Applicant:
John Oatham, Chief Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair) and Stewart Ching

Persons Present:
Michael Pitman, Class A Trainer

Information Number:
A21489

Decision Type:
Race Related Charge

Charge:
Failing to make contract weight

Rule(s):
330(3)(c) - Weight Infringement

Plea:
Admitted

Animal Name:
Eptimum

Code:
Thoroughbred

Race Date:
14/11/2022

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R6

Hearing Date:
14/11/2022

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Apprentice Jockey, Diego Montes de Oca, fined $250

BACKGROUND:

The Respondent Apprentice Jockey, Diego Montes de Oca, admitted a charge that he failed to make the contract weight for EPTIMUM in Race 6, Lindauer Stewards Stakes (Group 3), and was replaced.

He was assisted at the hearing by Class A Trainer, Michael Pitman.

Rule 330 provides:

(3)  A Rider shall not:

(a)  fail to ride a horse at the weight at which it is handicapped to carry.

EVIDENCE:

Chief Stipendiary Steward, John Oatham, said that EPTIMUM was handicapped to carry 53kg. At weighout time, the Respondent was unable to make that weight. He was a little more than 1kg over and was replaced on EPTIMUM by Sarah O’Malley. The Respondent’s normal declared riding weight is 54kg, but he had elected take the ride at 53kg being a Group Race.

Mr Pitman said that he had taken the ride for the Respondent. They had spoken last week about the ride and on Saturday, when the Race was originally scheduled to be raced, the Respondent had no issues making the weight. He had been wasting all week prior to Saturday. Mr Pitman said that he had given the Respondent this morning off to go to the sauna, but he was unable to get down to the weight after 2 hours in the sauna.

DECISION:

As the Respondent admitted the breach, the Adjudicative Committee found the breach proved.

SUBMISSIONS FOR PENALTY:

Chief Stipendiary Steward, John Oatham, said that the Respondent has one previous breach of the Rule – on 26 October at Gore where he was fined $100 under the Minor Infringement Schedule. A second breach within the 120 days period would normally incur a fine of $200 as a Minor Infringement, Mr Oatham said, but given the Group 3 status of the Race, it would be normal to file an Information and seek an uplift of the penalty.

Mr Pitman said that the Respondent had been pretty diligent about his weight. A South Island Apprentice does not often get the opportunity to ride in a Race such as the Stewards, he said.

REASONS FOR PENALTY:

Mr Oatham has filed an Information on this occasion, rather than fine under the Minor Infringement Scheme, because of the Group 3 status of the Race. That is reasonable. The starting point is a fine of $200 for a second offence. The Adjudicative Committee has decided on a modest uplift to that starting point in this case. We have taken into account the explanation given on the Respondent’s behalf by Mr Pitman and also the Respondent’s Apprentice Rider’s status. A suitable replacement Rider was able to be found.

CONCLUSION:

The Respondent Apprentice Jockey, Diego Montes de Oca, is fined $250.

Decision Date: 14/11/2022

Publish Date: 15/11/2022