Riccarton Park – Canterbury JC 12 August 2023 – R2 – Diego Montes de Oca

BACKGROUND:

Following the running of Race 2, Zilco Rating 85, Class A Jockey, Diego Montes de Oca, admitted a charge of careless riding in that, as the Rider of EMANON in the race, he allowed his mount to shift in when not clear of SEVEN TWENTY (Lisa Allpress) which was checked passing the 1100 metres.

Rule 638 provides as follows:

(1)  A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be:

(d) careless.

EVIDENCE:

Chief Stipendiary Steward, John Oatham, had Steward, Mark Davidson, show video replays of the incident, approximately 300 metres after the start of the 1400 metres race. He pointed out EMANON, ridden by the Respondent, racing 4-wide towards the lead. SEVEN TWENTY, ridden by Lisa Allpress, was behind the Respondent, and one-off the rail in the 8-horse field. Both horses were overracing, Mr Davidson said.

The Respondent attempted to take a hold of his mount and, as he shifted in, he was barely a length clear of Mrs Allpress’ mount, Mr Davidson said. Mrs Allpress had to take a hold of her mount. CLASSIC DIVA (Krishna Mudhoo), which was racing to the inside of Mrs Allpress’ mount, was also affected.

The Respondent declined the opportunity to make a submission.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham detailed the Respondent’s record, which showed 7 previous breaches of the Careless Riding Rule:

• 17 September 2022 at Riccarton (suspended 5 days, low-to-mid)
• 17 September 2022 at Riccarton (suspended 9 days, mid-to-high, defended)
• 30 October 2022 at Ashburton (suspended 4 days, low-range)
• 21 December 2022 at Ashburton (suspended 4 days, low-range)
• 30 December 2022 at Kurow (suspended 5 days, low-range, defended)
• 6 May 2023 at Riccarton (suspended 7 days, Listed Race, defended, poor record)
• 26 July 2023 at Oamaru (suspended 6 days, low-range, poor record)

This breach was “relatively low-range”, Mr Oatham said. There was no early pace in the race and most runners were racing keenly. The Respondent was initially clear of Mrs Allpress but, when he had taken such a hold of his horse, he was going back as Mrs Allpress was improving to his inside. It was a misjudgement on the Respondent’s part, Mr Oatham said.

The Penalty Guide starting point is a 5-days suspension, Mr Oatham said, but regard should be had to the Respondent’s record. Most of the previous breaches had involved minor misjudgements, as in the present case. The Respondent has no riding engagements within the deferment period, he said.

REASONS FOR PENALTY:

The Respondent’s record is, to say the least, a poor one. This is, clearly, an aggravating factor.

Against that, the Respondent has admitted the breach and, the Adjudicative Committee agrees with Mr Oatham, the breach is low-level.

The starting point for penalty for a low-level breach in the RIB Thoroughbred Racing Penalty Guide (February 2023) is a 5-days suspension.

The aggravating factor of the Respondent’s poor record warrants an uplift from the 5-days starting point and such uplift, the Adjudicative Committee sets at 3 days. From the adjusted starting point of 8 days, the Adjudicative Committee gives a discount of 1 day for admission of the breach.

It was suggested by the Adjudicative Committee that the Respondent be referred to the Rider Skills Review Panel.

CONCLUSION:

Class A Jockey, Diego Montes de Oca, is suspended from riding in races from after the close of racing on 12 August 2023, up to and including 25 August 2023 – 7 National Riding Days.