Otago RC 1 November 2022 – R6 – Diego Montes De Oca

ID: RIB12167

Diego Montes De Oca - Apprentice Jockey

Mark Davidson, Stipendiary Steward

Geoff Hall

Persons Present:
Michael Pitman, Licensed Trainer; Mr David Walsh, Apprentice Mentor

Information Number:

Decision Type:
Race Related Charge

Excessive use of the whip

638(3)(g)(i) - Contravention whip rule


Animal Name:


Race Date:

Race Club:
Otago Racing Club

Race Location:
Wingatui Racecourse - 285 Gladstone Road North, Mosgiel, Dunedin,

Race Number:

Hearing Date:

Hearing Location:

Outcome: Proved

Penalty: Apprentice Jockey Diego Montes De Oca is fined $500


Mr Davidson demonstrated on the video that Mr Montes de Oca struck his horse 6 times prior to the 100 metres in Race 6.

Mr Montes de Oca agreed with this count, as did Mr Pitman and Mr Walsh who both spoke on his behalf.


Mr Montes de Oca admitted the breach. It is found to be proved.

Submissions For Penalty

Mr Davidson produced Mr Montes de Oca’s record under the Whip Rule. He had a 5-day suspension in May and had been fined $250 in August.

Mr Davidson submitted a $500 fine in accordance with the NZTR Guidelines was the appropriate penalty. Mr Pitman made an impassioned plea for the fine to be reduced. He stated that it was only a few days until the earlier of the Respondent’s breaches would drop off the count. He and Mr Walsh both believed that a $500 fine was excessive for a South Island Apprentice and that there were precedents for the penalty being reduced. Mr Walsh said he believed a 50% discount was appropriate for an Apprentice. Mr Davidson responded by emphasising the need for consistency.

Reasons For Penalty

The Respondent has used his whip on 6 occasions prior to the 100 metres. This is a third breach of the Whip Rule in the past 6 months. The NZTR Guidelines provide for a fine of $500 in these circumstances.


The Adjudicative Committee considered the listing of penalties imposed since the Revised Penalty Guidelines came into force. There were no examples of the penalty being reduced due to the status of the Respondent or because the breach was close to the end of the 6-month reset period. The issue of whether a fine of $500 is excessive for an Apprentice Jockey is a matter that the Jockeys’ Association may wish to take up with NZTR.

Mr Montes de Oca is fined the sum of $500.

Decision Date: 01/11/2022

Publish Date: 03/11/2022