Manawatu RC 7 October 2021 – R1 – Diego Montes de Oca

ID: RIB5098

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

Applicant:
Mr Neil Goodwin - Stipendiary Steward

Adjudicators:
Bruce Mainwaring

Persons Present:
Ms V Algar (Stipendiary Steward), Ms K Clapperton (Riding Mentor).

Information Number:
A15501

Decision Type:
Adjudicative Decision

Charge:
Excessive use of the whip

Rule(s):
638(3)(g)(i) - Excessive Whip Use

Plea:
Admitted

Animal Name:
Irish Flare

Code:
Thoroughbred

Race Date:
07/10/2021

Race Club:
Manawatu Race Club

Race Location:
Awapuni Racing Centre - 67 Racecourse Road, Awapuni, Palmerston North, 4412

Race Number:
R1

Hearing Date:
07/10/2021

Hearing Location:
Awapunui Racecourse - Racecourse Road Palmerston North

Outcome: Proved

Penalty: Apprentice Jockey Mr Diego Montes de Oca - 5 day suspension

SUMMARY OF FACTS:

The Information alleged Mr Montes de Oca used his whip excessively prior to the 100 metres.

Video of the final stages of the race was played. It was identified and confirmed that between the top of the straight and the 100 metre mark Mr Montes De Oca struck his mount on six occasions. Irish Flare finished in third place.

The Rule specifically requires that a Rider must not strike a horse with a whip more than 5 times prior to the 100 metre mark (other than in a slapping motion  down the shoulder with the whip hand remaining on the reins).

When asked for comment Mr Montes De Oca could not offer explanation.

REASON FOR DECISION:

Mr Montes De Oca admitted the breach which is found proved.

SUBMISSION FOR PENALTY:

Mr Montes de Oca’s  record was presented. Within the last 6 months he has been charged on 2 occasions

25/6/2021  Otaki 5 days suspension 8 strikes

23/5/2021  Hawera $500 fine 9 strikes

Mr Goodwin recommended that penalty be in line with the revised Penalty Guidelines – effective 1st September 2021. He also asked that Mr Montes de Oca be referred to the Riding Master for guidance in respect of his whip use.

Mr Montes de Oca asked that any suspension commence after racing at Hawera on the 9th October 2021.

REASON FOR PENALTY:

Guidelines effective 1st September 2021 illustrate 3rd offence starting point at 5 days suspension plus 50% of Jockey share of the stake (calculated to be $27). Concessions  may be considered with respect to fines imposed on Apprentice Jockeys. Ms Clapperton has given an undertaking to mentor Mr Montes de Oca in respect of his whip use. A 5 day suspension is deemed appropriate. At the date upon which penalty was imposed Riders had been declared for the Ascot Park meeting on the 10th October 2021.

CONCLUSIONS:

Accordingly, Mr Montes de Oca is suspended for 5 NR days at the conclusion of racing on the 10th October 2021 up to and including 17th October 2021.

Decision Date: 07/10/2021

Publish Date: 11/10/2021