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

Created on 21 September 2020

Rules:
638(3)(b)(ii)
Committee:
NMcCutcheon (chair)
Name(s):
Mr D Montes de Oca - Apprentice Jockey
Mr N Harris - Apprentice Jockey Mentor assisting Mr Montes de Oca
Mr M Williamson - Senior Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A12939
Plea:
Admitted
Charge:
Whip Use above Shoulder
Evidence:

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.

Decision:

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

Submission 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.

Penalty:

Mr Montes de Oca was fined $500.

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