Riccarton Park – Canterbury JC 29 July 2022 – R2 – Diego Montes de Oca

EVIDENCE:

Following the running of Race 2, the Respondent, Apprentice Jockey Diego Montes de Oca admitted a charge alleging that he used his whip with his arm raised above shoulder height when riding TIFFEN over the concluding stages.

Licensed Class A Trainer, Michael Pitman, was present to assist.

Rule 638(3)(f) provides that a Rider must not use his or her whip:

(ii)  using an action that raises the Rider’s arm above shoulder height.

Using the available video replays, Stipendiary Steward, Veronica Algar, demonstrated that the Respondent struck his mount on 3 occasions approaching the 100-metre mark using an action with the whip that raised his arm above shoulder height.

Mr Pitman and the Respondent both accepted the allegation of using the whip on 3 occasions with an action that was above shoulder height.

DECISION:

As the Respondent, Apprentice Jockey Diego Montes de Oca has admitted the breach, the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Ms Algar produced the Respondent, Mr Montes de Oca’s record, which indicated 2 previous breaches of this particular Whip Rule within the last 6 months as follows:

29 January 2022 at Riccarton – 3 strikes above shoulder height- 9 days and $200 fine;

23 April 2022 at Riccarton –  1 strike above shoulder-fined $500;

Ms Algar stated that there was no Starting Point for a 3rd breach in the Penalty Guidelines but submitted that a starting point of 5 National Days be considered.

Mr Pitman submitted that the breach was low range and the 1st breach noted was exactly 6 months prior. He said that these factors should be taken into consideration when assessing penalty and submitted a fine was an appropriate penalty.

After discussion, Mr Oatham submitted that a mix of penalty may be appropriate in this case, that a combination of a 2 day suspension and a $500 fine as per the Penalty Guide for too many strikes prior to the 100m, be considered as penalty.

REASONS FOR PENALTY:

The aggravating factor in this case was, Mr Montes de Oca’s record, with 2 breaches of this particular Whip Rule, where the whip arm is raised above the shoulder, in the previous 6 months. This Adjudicative Committee, after taking into consideration the fact that the 1st breach was exactly 6 months prior, it was also 3 months since his last breach and the level of offending on this occasion was not high, determined that a combination of penalty was appropriate in this case. It was determined that a 2 day suspension and a fine of $500 was an appropriate penalty on this occasion.

A suspension of 2 days is imposed. In addition a fine of $500 is imposed.

CONCLUSION:

The Respondent is suspended for 2 national riding days from close of racing today 29 July 2022 until close of racing on 3 August 2022. The Respondent is fined the sum of $500.