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

ID: RIB14553

Respondent(s):
Diego Montes de Oca - Apprentice Jockey

Applicant:
Mr Davidson, Stipendiary Steward

Adjudicators:
Geoff Hall

Persons Present:
Mr Davidson, Mr Montes de Oca, Mr Michael Pitman-Trainer, assisting Mr Montes de Oca

Information Number:
A16097

Decision Type:
Race Related Charge

Charge:
Excessive Use of Whip

Rule(s):
638(3)(g)(ii) - Contravention whip rule

Plea:
Admitted

Animal Name:
ROCK SENSATON

Code:
Thoroughbred

Race Date:
30/12/2022

Race Club:
Kurow Jockey Club

Race Location:
Kurow Racecourse - Omarama-Oamaru Road, Kurow,

Race Number:
R6

Hearing Date:
30/12/2022

Hearing Location:
Kurow

Outcome: Proved

Penalty: Apprentice Jockey, Diego Montes de Oca suspended for 5 days

Background

Following the running of Race 6 the Stewards charged Mr de Oca (ROCK SENSATION) with a breach of r 638(3)(g)(ii) in that he struck his mount with the whip in 4 consecutive strides over the concluding stages.

Mr Davidson demonstrated on the videos that the Respondent struck his horse on 4 consecutive strides close to the winning post. Both Mr Pitman and Mr de Oca agreed with this. Although Mr de Oca admitted the breach, he briefly raised the issue of whether he was merely showing the whip. He did not pursue this argument.

Decision

As Mr de Oca had admitted the breach, it is found to be proved.

Submissions as to penalty

Mr Davidson produced the Respondents’ record which was clear under this aspect of the Whip Rule. He submitted a penalty at the starting point in the Penalty Guide was appropriate.

Mr de Oca did not disagree and asked that the suspension start after 7 January.

Reason for penalty

Mr de Oca has admitted using the whip in 4 consecutive strides. The starting point in the Penalty Guide for 4 or more strikes is a 5-day suspension. This is the appropriate penalty.

Conclusion

Mr de Oca is suspended from the end of racing on 7 January up to and including 14 January 2023.

Decision Date: 30/12/2022

Publish Date: 18/01/2023