Kumara RC 7 January 2023 – R1 – Diego Montes de Oca

ID: RIB13997

Diego Montes de Oca - Apprentice Jockey

Chief RIB Steward, Mr John Oatham

Mr D Anderson

Persons Present:
Mr Oatham, Mr Montes de Oca, Apprentice Mentor Mr David Walsh assisting Mr Montes de Oca, Stipendiary Steward Mr M Davidson

Information Number:

Decision Type:
Race Related Charge

Using whip with arm raised above shoulder height

638(3)(f)(ii) - Contravention whip rule


Animal Name:


Race Date:

Race Club:
Kumara Racing Club

Race Location:
Kumara Racecourse - Otira Highway, Kumara, 7832

Race Number:

Hearing Date:

Hearing Location:
Kumara Racecourse

Outcome: Proved

Penalty: Apprentice Jockey, Diego Montes de Oca suspended for 6 days


Following the running of Race 1 an Information was presented by Mr Oatham alleging a breach of Rule 638(3)(f)(ii) by Apprentice Jockey, Mr Montes de Oca in that he used his whip with his arm raised above shoulder height in the final straight on his mount LADY INCANTO.

Rule 638(3)(f)(ii) provides: A Rider must not use his or her whip using an action that raises the Rider’s arm above shoulder height.

Mr Oatham had Mr Davidson identify Mr Montes de Oca, who finished strongly in 2nd place, and pointed to him strike his horse 5 times clearly outside of what is required under the Rule.

Mr Montes de Oca made no comment, but Mr Walsh said the first strike was a backhander and wasn’t as obvious as when Mr Montes de Oca changed to a forehand action.


Mr Montes de Oca having admitted the breach the charge was deemed to be proved.


Mr Oatham stated Mr Montes de Oca has 3 previous breaches under the Rule.

29 July 2022 at Riccarton 3 strikes resulting in a 2 day suspension plus a $500 fine.

30 October 2022 at Ashburton 4 strikes fined $500.

21 December 2022 at Ashburton 2 strikes fined $500.

Mr Oatham said there is no specified starting point in the current Penalty Guide for this particular section of the Whip Rule but in general Adjudicative Committees draw a comparison with the other sections of the Rule.

Mr Oatham said this being Mr Montes de Oca’s 4th breach of the Rule in such a short period, Stewards see a suspension starting point of 5 days as appropriate. Mr Oatham stated Mr Montes de Oca would be starting a period of suspension for breaches of other Rules at the conclusion of racing today up to the 26 January.

Mr Montes de Oca made no submissions.

Mr Walsh said a lot of work had been done at the Apprentice School on Mr Montes de Oca’s technique but unfortunately after finding some improvement he slips back into his old ways. He added Mr Montes de Oca was riding today as an Apprentice for the last time.


The Adjudicative Committee, without any Guidelines regarding a breach of this nature and considering Mr Montes de Oca’s record and the number of strikes present today, considers a suspension as inevitable. Taking all factors into account a 6-day suspension in this case is an appropriate Penalty.

After a discussion with the RIB Stewards, it was agreed Mr Montes de Oca would be directed to meet with a NZTR Rider Skills Review Panel.


Rider, Diego Montes de Oca’s Licence to ride in races is suspended from the conclusion of racing on Thursday 26 January up to and including racing on the 6 February 2023.

Decision Date: 07/01/2023

Publish Date: 12/01/2023