Archive Decision

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Taranaki RC 26 March 2021 – R 7 – Chair, Mr N McCutcheon

ID: JCA12258

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr D Montes de Oca - Rider of IRISH FLARE

Other Person:
Ms K Clapperton - Riding Master assisting Respondent

Information Number:
A14138

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Taranaki RC - 26 March 2021

Meet Chair:
NMcCutcheon

Race Date:
2021/03/26

Race Number:
R 7

Decision:

As the charge was admitted together with film evidence the charge was proved.

Penalty:

Mr Diego Montes de Oca was fined $300 and advised that if he was to face a similar charge in the near future, he may receive a more significant penalty.

Facts:

Following Race 7 (Weatherley Bloodstock Mdn) Information A14138 was filed with the Judicial Committee. The Informant alleged that Mr Diego Montes de Oca used his whip excessively in the home straight.

Mr Montes de Oca said that he understood the Rule, Charge and confirmed that he admitted the breach. He was assisted by Ms Clapperton who was present for the entirety of the hearing.

Mr Jones showed the film replays and said that Mr Montes de Oca hit his horse twice consecutively early in the run home and then further on down the straight used the whip above his shoulder height on 4 occasions.

Mr Monte de Oca and Ms Clapperton agreed with the Stipendiary Steward's interpretation of the whip use.

Submissions for Penalty:

Mr Jones said that this was the first breach in 6 months (reset period) for Mr Montes de Oca however he said that he had been spoken to earlier in the day about his whip use when riding another horse.

Ms Clapperton confirmed that he had been spoken to early in the day and said that he needs to work very hard on changing his whip style. Mr Montes de Oca did not comment.

Reasons for Penalty:

Mr Montes de Oca’s whip style was entirely inappropriate, as by lifting his whip arm above shoulder height can result in significant more force being applied to the animal. As this was his first charge in 6 months, the JCA Penalty Starting Point of a $300 Fine was considered to be the appropriate penalty.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 47576af126eab51e7d14b009b9fdd147


informantnumber: A14138


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 30/03/2021


hearing_title: Taranaki RC 26 March 2021 - R 7 - Chair, Mr N McCutcheon


charge:


facts:

Following Race 7 (Weatherley Bloodstock Mdn) Information A14138 was filed with the Judicial Committee. The Informant alleged that Mr Diego Montes de Oca used his whip excessively in the home straight.

Mr Montes de Oca said that he understood the Rule, Charge and confirmed that he admitted the breach. He was assisted by Ms Clapperton who was present for the entirety of the hearing.

Mr Jones showed the film replays and said that Mr Montes de Oca hit his horse twice consecutively early in the run home and then further on down the straight used the whip above his shoulder height on 4 occasions.

Mr Monte de Oca and Ms Clapperton agreed with the Stipendiary Steward's interpretation of the whip use.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted together with film evidence the charge was proved.


sumissionsforpenalty:

Mr Jones said that this was the first breach in 6 months (reset period) for Mr Montes de Oca however he said that he had been spoken to earlier in the day about his whip use when riding another horse.

Ms Clapperton confirmed that he had been spoken to early in the day and said that he needs to work very hard on changing his whip style. Mr Montes de Oca did not comment.


reasonsforpenalty:

Mr Montes de Oca’s whip style was entirely inappropriate, as by lifting his whip arm above shoulder height can result in significant more force being applied to the animal. As this was his first charge in 6 months, the JCA Penalty Starting Point of a $300 Fine was considered to be the appropriate penalty.


penalty:

Mr Diego Montes de Oca was fined $300 and advised that if he was to face a similar charge in the near future, he may receive a more significant penalty.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr D Montes de Oca - Rider of IRISH FLARE


Otherperson: Ms K Clapperton - Riding Master assisting Respondent


PersonPresent:


Respondent:


StipendSteward:


raceid: 6dfa28669b87421b7c0c4f1176391d4c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: afd1c4a7d10a97dd59e1df4dcdbc01a0


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/03/2021


meet_title: Taranaki RC - 26 March 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: taranaki-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: none


meet_pm2: none


name: Taranaki RC