Riverton RC 10 April 2023 – R8 – Diego Montes de Oca

ID: RIB18426

Respondent(s):
Diego Montes de Oca - Jockey

Applicant:
Miss Rebecca Haley - Stipendiary Steward

Adjudicators:
Nigel Skelt

Persons Present:
Stipendiary Steward Miss Haley, Stipendiary Steward Mr Mark Davidson and Mr Diego Montes de Oca - Jockey

Information Number:
A11815

Decision Type:
Race Related Charge

Charge:
Failing to ride out to end of race

Rule(s):
636(1)(d) - Riding/driving infringement - Fails to ride out to end of race

Plea:
Admitted

Animal Name:
Maggie May

Code:
Thoroughbred

Race Date:
10/04/2023

Race Club:
Riverton RC

Race Location:
Riverton Racecourse - State Highway 99, Riverton,

Race Number:
R8

Hearing Date:
10/04/2023

Hearing Location:
Riverton Racecourse

Outcome: Proved

Penalty: Jockey Diego Montes de Oca was suspended for 2 weeks

BACKGROUND:

Following the conclusion of Race 8, Rosie Brown Training/Forde Auto Services, an Information was lodged by Stipendiary Steward Miss Rebecca Haley, alleging that the Respondent Diego Montes de Oca, failed to ride his mount, MAGGIE MAY, out to the finish when there was a reasonable chance of him finishing fourth.

Mr Diego Montes de Oca admitted the breach and stated that he understood the Rule.

EVIDENCE:

Miss Haley asked Stipendiary Steward Mr Mark Davidson to highlight the incident using the video films. Mr Davidson identified the horse MAGGIE MAY from the top of the straight, where he noted the horse shifted in continually at least three times down the home straight, where Mr Montes de Oca tried to straighten the horse. Mr Davidson stated that Mr Montes de Oca stood up in the irons and was talking to the horse to encourage it, but he stopped riding about 50 metres from the finish.

Mr Davidson said the difference between 4th and 5th placing was half a length.

Mr Montes de Oca agreed with Mr Davidson’s summation saying that the horse was difficult to ride.

DECISION:

As the breach was admitted, the charge is deemed proved.

SUBMISSIONS FOR PENALTY:

Miss Haley stated that Mr Montes de Oca had a clear record under this Rule, and that a mitigating circumstance was that the horse was providing difficult to ride in the home straight.

The Penalty Guide recommends a two week suspension as a starting point.

Mr Montes de Oca said that a two week suspension was very tough. He requested a deferment of penalty.

REASONS FOR PENALTY:

The video evidence was very conclusive in that Mr Montes de Oca had stopped riding from about 50 metres from the winning post and although there was a half a length between 4th and 5th, he did not give his horse a chance to finish in 4th placing.

The Adjudicative Committee believed that a two week suspension was appropriate in this case.

CONCLUSION:

Mr Montes de Oca was suspended for a two week period from the conclusion of racing on 15/4/2023, to the conclusion of racing on 29/4/2023.

Mr Montes de Oca’s request for a deferment was granted.

Decision Date: 10/04/2023

Publish Date: 11/04/2023