Riccarton Park – Canterbury JC 10 August 2022 – R3 – Diego Montes de Oca
ID: RIB10510
Animal Name:
WHALE SONG
Code:
Thoroughbred
Race Date:
10/08/2022
Race Club:
Canterbury Jockey Club
Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,
Race Number:
R3
Hearing Date:
10/08/2022
Hearing Location:
Riccarton Park
Outcome: Proved
Penalty: Apprentice Jockey, Diego Montes de Oca fined $250
Evidence
Following the running of Race 3, the Respondent, Mr Diego Montes de Oca, Class B Rider admitted a charge alleging excessive whip use prior to the 100 metres.
Mr Michael Pitman, Trainer was present to assist.
Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:
(i) 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); or
Using the available race films Mr Davidson demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark. He pointed out that the strikes were not forceful and were well spaced.
In response, by way of explanation Mr Pitman stated that the strikes were so low in force, some could be considered as slaps.
Decision
As the Respondent Mr Montes de Oca admitted the breach the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).
Submissions For Penalty
Mr Davidson produced the Respondent’s Mr Montes de Oca record which indicated a previous breach of this particular whip rule at Riccarton on 5 May 2022 where he received a 5 day suspension for 7 strikes.
Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use.
The Respondent made no submissions in regard to penalty.
Reasons For Penalty
The Penalty Guide starting point for a breach of this nature is set out below.
For breaches of the Whip Rule prior to the 100m mark:
2nd offence starting point $250 fineÂ
After considering the film evidence, the submissions and having due regard for the number and frequency of strikes, and the force used, we determined this breach to be low level. The Adjudicative Committee determined there were no aggravating factors to consider therefore no compelling reasons to depart from the starting point set out in the Penalty Guide.
On that basis the Respondent is fined $250.
Conclusion
Mr Diego Montes de Oca is fined $250
Decision Date: 10/08/2022
Publish Date: 14/08/2022