Canterbury JC 16 September 2023 – R1 – Diego Montes de Oca

BACKGROUND:

Following the running of Race 1, The Promenade Villas – New for 2023 Rating 65, Class A Jockey, Diego Montes de Oca, admitted a charge of careless riding in that, as the Rider of IT’S THE VIBE in the race, he allowed his mount to shift inwards when not sufficiently clear of TYPHOON TIP (Krishna Mudhoo), which was checked near the 300 metres.

Rule 638 provides as follows:

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

(d) careless.

EVIDENCE:

Stipendiary Steward, Mark Davidson, had Chief Stipendiary Steward, John Oatham, show video replays of the incident, approximately 300 metres from the finish of the 1400 metres race. He pointed out IT’S THE VIBE, ridden by the Respondent, racing 4-wide and making ground, with TYPHOON TIP, ridden by Mr Mudhoo, racing to its inside.

The Respondent permitted his runner to make an inwards movement, before starting to straighten it, Mr Oatham said. In the meantime, Mr Mudhoo ended up on the heels of the Respondent’s runner and was forced to check. It was a “brief check”, Mr Oatham said, but Mr Mudhoo was forced to take a sharp hold to avoid heels. The shift was 2½ to 3 horse widths, Mr Oatham said. The Respondent had allowed his runner to shift in before taking remedial action.

The Respondent explained that he had been trying to give Mr Mudhoo 2 lengths.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson detailed the Respondent’s record, which showed 8 previous breaches of the Careless Riding Rule:

• 17 September 2022 at Riccarton (suspended 5 days, low-to-mid)
• 17 September 2022 at Riccarton (suspended 9 days, mid-to-high, defended)
• 30 October 2022 at Ashburton (suspended 4 days, low-range)
• 21 December 2022 at Ashburton (suspended 4 days, low-range)
• 30 December 2022 at Kurow (suspended 5 days, low-range, defended)
• 6 May 2023 at Riccarton (suspended 7 days, Listed Race, defended, poor record)
• 26 July 2023 at Oamaru (suspended 6 days, low-range, poor record)
• 12 August 2023 at Riccarton (suspended 7 days, low-range)

The Respondent has been referred to the Rider Skills Review Panel and is working with Mentor, Kim Clapperton, Mr Davidson said.

This breach was low-end, Mr Davidson said, and most of the charges have been low-end.

The Penalty Guide starting point is a 5-days suspension, Mr Davidson said, but regard should be had to the Respondent’s poor record.

The Respondent said that he has a full book of rides at the meeting of Gore RC on 22 September and requested a deferment of suspension until after the date of that meeting. (This meeting was subsequently postponed to 24 September 2023).

REASONS FOR PENALTY:

The starting point for penalty for a low-level breach in the RIB Thoroughbred Racing Penalty Guide (February 2023) is a 5-days suspension.

The Respondent’s record is, to say the least, a poor one, even allowing for the fact that two of the charges are about to drop off his record. This is, clearly, an aggravating factor. The starting point is uplifted to 10 days.

Against that, the Respondent has admitted the breach and, the Adjudicative Committee agrees with Mr Davidson, the breach is low-level.

From the adjusted starting point of a 10-days suspension, the Adjudicative Committee gives a discount of 1 day for admission of the breach.

CONCLUSION:

The Respondent’s application for deferment of suspension is granted.

Class A Jockey, Diego Montes de Oca, is suspended from riding in races from after the close of racing on 24 September 2023, up to and including 8 October 2023 – 9 national riding days.