Southland RC 9 February 2023 – R4 – Diego Montes de Oca
ID: RIB15539
Animal Name:
Kitty Power
Code:
Thoroughbred
Race Date:
09/02/2023
Race Club:
Southland Racing Club
Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810
Race Number:
R4
Hearing Date:
09/02/2023
Hearing Location:
Ascot Park Racecourse
Outcome: Proved
Penalty: Jockey Diego Montes de Oca was fined $225
Background
The Respondent Jockey Diego Montes de Oca, admitted a charge that he failed to make the contracted weight for KITTY POWER in Race 4, Vale Jim Mee Handicap, and was replaced.
Rule 330 provides:
(3) a rider shall not:
(a) fail to ride a horse at the weight at which it is handicapped to carry.
Evidence
Stipendiary Steward Mark Davidson said that KITTY POWER was handicapped to carry 54kgs, the Respondent advised at the start of the race day that he was unable to make the carded weight and was 1.5kgs over weight. Mr Davidson said that he was replaced on Kitty Power by Kin Kwo.
Decision
As the Respondent admitted the breach, the Adjudicative Committee found the breach proved.
Submissions  for Penalty
Stipendiary Steward Mark Davidson said the Respondent had two previous breaches of the Rule. On the 26th of October at Gore, he was fined $100 under the Minor Infringement Schedule. A second breach occurred at the Canterbury Jockey Club on the 14th of November in a Group 3 Race where the Respondent was fined $250.
Mr Davidson stated that the Respondent was returning from a suspension of five weeks and it was unfortunate that  this was his first  ride back and that he appreciated it was difficult for the Respondent. Mr Davidson believed because this was a third offence, that a penalty ranging between $200 – $250 may be appropriate.
Mr Diego Montes de Oca said that he had been on suspension and had drunk some water on the race morning that must have affected his weight.
Reasons for Penalty
Being a third offence, the starting point for the penalty is a fine of $200 or beyond. The Adjudicative Committee has decided in this instance, a modest uplift is appropriate. It was also fortunate that a suitable replacement Rider was able to be found.
Conclusion
The Respondent Jockey Diego Montes de Oca was fined $225.
Decision Date: 09/02/2023
Publish Date: 13/02/2023