Archive Decision

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Waikato RC 17 September 2020 – R 7 – Chair, Mr N McCutcheon

ID: JCA10878

Applicant:
Mr B Jones - Stipendiary Steward

Respondent(s):
Mr D Montes de Oca - Apprentice Jockey

Other Person:
Mr N Harris - Apprentice Jockey Mentor assisting Mr Montes de Oca, Mr M Williamson - Senior Stipendiary Steward

Information Number:
A12939

Hearing Type:
Hearing

New Charge:
Whip Use above Shoulder

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

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 17 September 2020

Meet Chair:
NMcCutcheon

Race Date:
2020/09/17

Race Number:
R 7

Decision:

As the charge was admitted it was found proved by the Committee.

Penalty:

Mr Montes de Oca was fined $500.

Facts:

Following the running of Race 7 (NZB Insurance Pearl Series Race Mdn), Information No. A12939 was filed with the Judicial Committee. It was alleged by the Stipendiary Steward that Mr Montes de Oca, the Rider of MAI TAI, used his whip above shoulder height.

Mr Montes de Oca and Mr Harris acknowledged that they understood the Rule, Charge and confirmed that the breach was admitted.

Mr Jones showed the film replays and identified where Mr Montes de Oca had used his whip above shoulder height on 8 occasions. Mr Jones said that Mr Montes de Oca had used force with some of the strikes.

Mr Harris said that Mr Montes de Oca does not understand the English language very well and that he (Mr Harris) is having some trouble getting Mr Montes de Oca to understand what acceptable use of the whip is.

Submissions for Penalty:

Mr Jones said that Mr Montes de Oca had breached the Rule on 8 August 2020 and on that occasion was suspended for 6 Riding Days for striking his horse 13 times prior to the 100m.

Mr Harris said that he had been working hard with Mr Montes de Oca and he understood that a second breach of the Rule may be met with a fine.

Reasons for Penalty:

The JCA Penalty Starting Point for a second breach of the Rule is a fine of $500.
Taking all matters into consideration the starting point was deemed to be a suitable sanction.

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: 165e23f6c5d37b9f9fb38802ddb68d2f


informantnumber: A12939


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Whip Use above Shoulder


plea: admitted


penaltyrequired: 1


decisiondate: 21/09/2020


hearing_title: Waikato RC 17 September 2020 - R 7 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 7 (NZB Insurance Pearl Series Race Mdn), Information No. A12939 was filed with the Judicial Committee. It was alleged by the Stipendiary Steward that Mr Montes de Oca, the Rider of MAI TAI, used his whip above shoulder height.

Mr Montes de Oca and Mr Harris acknowledged that they understood the Rule, Charge and confirmed that the breach was admitted.

Mr Jones showed the film replays and identified where Mr Montes de Oca had used his whip above shoulder height on 8 occasions. Mr Jones said that Mr Montes de Oca had used force with some of the strikes.

Mr Harris said that Mr Montes de Oca does not understand the English language very well and that he (Mr Harris) is having some trouble getting Mr Montes de Oca to understand what acceptable use of the whip is.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found proved by the Committee.


sumissionsforpenalty:

Mr Jones said that Mr Montes de Oca had breached the Rule on 8 August 2020 and on that occasion was suspended for 6 Riding Days for striking his horse 13 times prior to the 100m.

Mr Harris said that he had been working hard with Mr Montes de Oca and he understood that a second breach of the Rule may be met with a fine.


reasonsforpenalty:

The JCA Penalty Starting Point for a second breach of the Rule is a fine of $500.
Taking all matters into consideration the starting point was deemed to be a suitable sanction.


penalty:

Mr Montes de Oca was fined $500.


hearing_type: Hearing


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


Informant: Mr B Jones - Stipendiary Steward


JockeysandTrainer: Mr D Montes de Oca - Apprentice Jockey


Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Montes de Oca, Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 91f1872c87d5ada1146a0778130bc6c0


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: a5f0f9bddb281a4bdc915c333ee01a72


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 17/09/2020


meet_title: Waikato RC - 17 September 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: none


meet_pm2: none


name: Waikato RC