Kurow RC 30 December 2022 – R6 – Diego Montes de Oca

Mr Davidson alleged that in Race 6 Mr de Oca allowed his mount ROCK SENSATION to shift inwards over the concluding stages when not sufficiently clear of FOLLOW YOUR DREAMS (T Moseley) which was checked.

Evidence

Mr Davidson called Mr Oatham to demonstrate the alleged breach on the videos. He pointed out that near the finish of the Race the Respondent was racing outside Mr Moseley who had to check his horse and take a hold. He played both the side on and head on videos which evidenced that Mr de Oca was not his length and another clear. He described the Respondent as being “a touch more than a bare length clear.”

Mr Moseley was called by Mr Davidson to give evidence. He said he had received crowding close to the line. Some 50 to 70 metres from the post he had had to take hold, although he believed his mount had probably come to the end of its run at the time. There had been no movement from his inside; it was from the outside. He said Mr de Oca, who was racing outside him, had rolled in. Mr de Oca was not quite clear of him. He had foreseen the movement and had taken hold.

When questioned by Mr Pitman, he agreed the contact had been from the inside horse, twice. Mr Davidson asked whether this contact was significant. Mr Moseley replied it was not and the contact on the second occasion was a result of his being dictated inwards by Mr de Oca.

Mr Pitman conducted Mr de Oca’s defence. He said Mr de Oca had not moved that much. He said the inside horse had also moved out. He demonstrated this by placing a sheet of paper against the video screen as the head-on video played. The movement from Mr de Oca was very minor, at best, he said, and it was in the shadows of the post. He believed Mr Moseley had taken hold before Mr de Oca had shifted and that the contact was with the inside horse, not that of Mr de Oca.

Mr Davidson summed up by stating the Stewards believed the videos were clear. Late in the run home Mr de Oca had shifted ground when not clear of Mr Moseley. The only reason Mr Moseley had to check his mount was the inwards movement from the Respondent.

Mr Pitman emphasised that Mr Moseley had said that the contact was with the inside horse, which was shifting out, and not that of Mr de Oca.

Decision

The Adjudicative Committee is satisfied from viewing the head and side-on videos that Mr de Oca has shifted in just short of the winning post when not clear of Mr Moseley. That there was contact with the horse to Mr Moseley’s inside was a consequence of this movement. As Mr Moseley said in his evidence, the only reason he had to check was that he foresaw the inwards movement from the Respondent and took hold of his horse in anticipation.

Mr de Oca was not a length and another clear of Mr Moseley when he allowed his mount to shift in. The charge of careless riding is proved.

Submissions as to penalty

Mr Davidson produced the Respondent’s record which showed 4 breaches of the careless riding Rule in the previous 6 months. He was suspended for 4 days in both December and October, and 5 and 9 days in September. Prior to this, the Respondent’s record had been good. Mr Davidson described the breach as being low end.

Mr Pitman agreed with this assessment of the breach.

Reasons for Penalty

The breach is correctly assessed as being low-range. It is quite a sudden inwards shift close to the winning post. A 5-day starting point is appropriate. When regard is had to the fact that Mr de Oca rides regularly (273 rides this season), his record is neutral.

Conclusion

Mr de Oca is suspended from the end of racing on 14 January up to and including 26 January 2023. This is 5 days.