Otago RC 26 December 2021 – R6 – Diego Montes de Oca

ID: RIB6648

Diego Montes de Oca - Apprentice Jockey

Mark Davidson, Stipendiary Steward

Geoff Hall

Persons Present:
Mr Davidson, Mr Montes de Oca, Miss Rebecca Haley, Mr Michael Pitman, Mr David Walsh

Information Number:

Decision Type:
Race Related Charge

excessive use of the whip

638(3)(g)(ii) - 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 suspended for 5 days and fined $135

Mr Davidson alleged that Mr Montes de Oca struck his mount MACKENZIE LAD with the whip in three consecutive strides over the concluding stages.


Miss Haley demonstrated on the video that Mr Montes de Oca struck his horse in three consecutive strides just short of the winning post. MACKENZIE LAD finished 2nd.

Mr Montes de Oca agreed with this count, as did both Mr Pitman and Mr Walsh who spoke on his behalf. Mr Pitman added that he had instructed the Respondent to use the whip in his left hand, which was not his natural hand, as the horse had a tendency to run in in the straight. He said the Respondent had followed his instructions and the horse had run straight.


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

Submissions For Penalty

Mr Davidson produced Mr Montes de Oca’s record under the Whip Rule. He had a suspension in October, had also been suspended at Ashburton on 21 December and was currently riding under a deferment.

Mr Davidson submitted a 5 day suspension and a $150 fine was the appropriate penalty.

Neither Mr Montes de Oca nor Mr Pitman disagreed with this submission.

Reasons For Penalty

The Respondent has used his whip for three consecutive strides. This is a third breach of the Rule in a short period of time and has occurred whilst Mr Montes de Oca is riding pursuant to a suspension imposed for a breach of the Whip Rule.


The Respondent is suspended for five days, commencing on 6 January and up to and including 13 January 2022. He is also fined the sum of $135, which is 50% of his share of the stake for 2nd place.


Decision Date: 26/12/2021

Publish Date: 28/12/2021