Canterbury JC 20 January 2022 – R1 – Diego Montes de Oca

EVIDENCE:

Following the running of Race 1, Riccarton Park Function Centre Maiden, the Respondent Apprentice Jockey, Jockey Diego Montes de Oca admitted a charge alleging excessive whip use prior to the 100 metres – 6 strikes including two with his whip raised above shoulder height.

Licensed Class A Trainer, Michael Pitman, 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).

Rule 638 (3) (f) provides that a Rider must not use his or her whip:

(ii)  using an action that raises the Rider’s arm above shoulder height.

Using the available video replays, Chief Stipendiary Steward, John Oatham, demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark. In the case of the two final strikes, Mr Oatham submitted, the whip was raised “well above his head”.

Mr Pitman and the Respondent both accepted the allegation of 6 strikes prior to the 100 metres and, in the case of  the 5th and 6th strikes, with the arm being raised above shoulder height.

DECISION:

As the Respondent, Apprentice Jockey, Diego Montes de Oca has admitted the breach, the Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham produced the Respondent, Mr Montes de Oca’s record which indicated three previous breaches of the whip Rules within the last 6 months as follows:

7 October 2021 at Manawatu – 6 strikes prior to the 100 metres, suspended 5 days;

21 December 2021 at Ashburton – 6 strikes prior the 100 metres, suspended 5 days and fined $150; and

26 December at Otago – using whip in 3 consecutive strides, suspended 5 days and fined $135.

The NZTR Revised Penalty Guide starting point for a 4th offence is 5+ national riding days plus 50% of the jockey’s share of the stake. In this case, share of the stake was minimal, Mr Montes de Oca’s mount having finished 4th, and a fine was not appropriate, Mr Oatham said. Stewards were submitting that the arm being raised above shoulder height for two strikes was an aggravating factor. It could have been regarded as a separate offence, he said.

Mr Pitman said that the Respondent had only just started working for him. He had been in the country for nearly 3 years and had spent the first 15 months in a stable from which he only had 5-6 rides, having previously ridden 89 winners in Argentina, where the whip rules are different. Mr Montes de Oca accepts that he has to adjust but is finding it difficult. He has had a total of 119 rides in New Zealand since July 2020. He does have a future as a Jockey in this country, Mr Pitman added.

Pursuant to Rule 1106(2)(b), the Respondent sought a 9-day deferment of any proposed suspension in order to fulfil riding engagements at the Riccarton meeting on 29 January next.

REASONS FOR PENALTY:

The Penalty Guide starting point for a breach of this nature is a 5+ national riding day suspension plus 50% of the jockey’s share of the stake.

After considering the video evidence, the submissions and having due regard for the number and frequency of strikes, the force used and that two of the strikes involved an action that raised the arm above shoulder height the Committee determined that an uplift of 1 day from the starting point is appropriate.

A suspension of 6 days is imposed. The Respondent’s request for a deferment is granted. There is to be no fine.

CONCLUSION:

The Respondent is granted a 9-day deferment. His Licence to ride in races is suspended for 6 national riding days from close of racing on 29 January 2022 until close of racing on 9 February 2022.