Canterbury JC 6 May 2023 – R7 – Diego Montes de Oca

ID: RIB20869

Respondent(s):
Diego Montes de Oca - Jockey

Applicant:
John Oatham, Chief Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair) and Stewart Ching

Information Number:
A21234

Decision Type:
Race Related Charge

Charge:
Careless Riding - shifted out near 350m, crowding and checking 2 others

Rule(s):
638(1(d) - Riding/driving infringement

Plea:
Admitted

Animal Name:
Emanon

Code:
Thoroughbred

Race Date:
06/05/2023

Race Club:
Canterbury Jockey Club

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

Race Number:
R7

Hearing Date:
06/05/2023

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Jockey, Diego Montes de Oca, suspended 7 days

BACKGROUND:

Following the running of Race 7, Daphne Bannan Memorial Great Easter Stakes (Listed Race), Class A Jockey, Diego Montes de Oca, admitted a breach of the Careless Riding Rule in that, as the Rider of EMANON in the race, he allowed his mount to shift out crowding and checking OKAY PAL (Wiremu Pinn) and ROYCE ROCA (Lemmy Douglas) passing the 350 metres.

Rule 638 provides:

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

          (d)  careless. 

EVIDENCE:

Chief Stipendiary Steward, John Oatham, had Steward, Mark Davidson, show video replays of the incident near the 450 metres.

Mr Davidson pointed out EMANON, ridden by the Respondent, racing 4-5 wide and near the lead as the field turned into the home straight. Behind that runner, and to its outside was OKAY PAL, ridden by Mr Pinn, and outside that runner was ROYCE ROCA, ridden by Mr Douglas. The Respondent then shifted outwards at such an angle that there was not enough room for both of the other two runners, both being crowded and checked. Stewards estimated that the Respondent had shifted out at least two horse-widths, Mr Davidson said.

The Respondent said that his runner had hung out. He had seen ROYCE ROCA, but had not seen OKAY PAL, he said.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham said that the Respondent has five  previous breaches for careless riding on his record:

  • on 17 September 2022 at Riccarton (mid-high level, suspended 9 days)
  • on 17 September 2022 at Riccarton (low-level, suspended 5 days)
  • on 30 October 2022 at Ashburton (low-level, suspended 4 days
  • on 21 December 2022 at Ashburton (low-level, suspended 4 days)
  • on 30 December 2022 at Kurow (low-level, suspended 5 days)

Mr Oatham said that Stewards saw this breach as being in the mid-range, involving significant interference to two other runners. In addition, the race was a Listed Race. Stewards saw an appropriate starting point as being 6-7 days, with the aggravating factor and the status of the race on top of that.

The Respondent requested a deferment until after the Riverton RC meeting on 10 May.

REASONS FOR PENALTY:

The Adjudicative Committee noted the provisions of the RIB Thoroughbred Racing Penalty Guide (February 2023) which suggests a starting point for a mid-level breach, which it agreed this was, of a 7-days suspension. From that starting point, the Adjudicative Committee applied an uplift of 1 day for the Respondent’s poor record and the status of the race. From the uplifted penalty of 8 days, so arrived at, the Adjudicative Committee gave the Respondent a discount of 1 day for his admission of the breach

CONCLUSION:

The Respondent, Class A Jockey, Diego Montes de Oca, is suspended for 7 national riding days from after the end of racing on 10 May next, up to and including 20 May next.

Decision Date: 06/05/2023

Publish Date: 09/05/2023