Canterbury JC 17 September 2022 – R4 – Diego Montes de Oca

Evidence:

Following the running of Race 4, the Respondent Class B Rider Diego Montes de Oca denied a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of BENAUD he angled his mount outwards when not clear of HAGGLE which was checked near the 350m.  

The Respondent acknowledged he understood the Rule and confirmed his denial of the breach. Michael Pitman – Licensed Trainer, was present to assist at the hearing.

Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using the available race films Stipendiary Steward Veronica Algar demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Ms Algar said that approaching the 350 metre mark, the Respondent has shifted ground outwards when not clear of HAGGLE causing that horse to check, with trailing runner WHERE’S WALLY ridden by Kylie Williams, hampered in this incident. Miss Williams gave evidence to the effect that she observed BENAUD ridden by Mr Montes de Oca, shift outwards into the running line of HAGGLE who had to check, which then caused her to take evasive action.

In response, the Respondent, with Mr Pitman’s assistance stated that his horse had shied at an inside runner when he was looking to angle his mount out. He added that his horse continued on in an outward movement when shying and caused the interference to HAGGLE.

Decision:

The Adjudicative Committee carefully considered all the evidence presented. We were satisfied that near the 350m, Mr Montes de Oca angled his mount outwards in order to improve on the inside of HAGGLE. We are also satisfied that Mr Montes de Oca was only a bare length in front of  HAGGLE when shifting into that horse’s rightful running line, causing the interference to HAGGLE and resultant hampering to WHERE’S WALLY.

This Adjudicative Committee was also satisfied that Mr Montes de Oca rode carelessly in this incident and therefore find that charge proved.

Submission for Penalty:

Chief Stipendiary Steward Mr Oatham, produced the Respondent’s  riding record which indicated a previous breach of this Rule in Race 1 at today’s meeting at Riccarton, where he received a 5 day suspension. Prior to that he had a clear record under the Careless Riding Rule in the prior 12 months.

Chief Stipendiary Steward, Mr Oatham said Stewards assessed the level of carelessness to be in the mid to high range.

In terms of any proposed penalty the Respondent elected to make no submissions in regard to penalty.

Deferment was not an option as Mr Montes de Oca was under suspension from the conclusion of racing today, 17 September 2022 up to and including 24 September 2022 for an earlier breach of this Rule.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee also determined the Respondent’s carelessness to be in the mid-high range and accordingly adopted an 8-day (suspension) as the starting point.

The Respondent’s riding record is treated as an aggravating factor and a 1-day increase was applied to the 8-day starting point. There were no mitigating factors to consider therefore, we determined that a 9 day suspension was an appropriate penalty in this case.

After consideration of the above factors, a 9-day suspension was imposed.

Conclusion:

Mr Montes de Oca is suspended from the conclusion of racing 24 September 2022 up to and including 7 October 2022.