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Waikato RC 8 August 2020 - R 6 - Chair, Mr N McCutcheon

Created on 10 August 2020

Rules:
638(3)(b)(ii)
Committee:
NMcCutcheon (chair)
ASmith
Name(s):
Mr Montes de Oca - Rider of RICHARD YORKE
Mr P Richards - Assisting Mr Montes de Oca
Mr A Coles - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A13379
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following the running of Race 6 (Foster 2100) Information No. A13379 was filed with the Judicial Committee. It was alleged that Mr Montes de Oca used his whip excessively prior to the 100m.

Mr Richards on behalf of the Respondent said that the Rule was understood and confirmed that the breach was admitted.

Mr Coles showed the film replays and said that Mr Montes de Oca used the whip in both hands alternatively and had struck his mount a total of 13 times prior to the 100m. He said that he also struck his mount consecutively on two occasions; firstly 3 times in a row and then 7 times in a row.

Mr Richards said that he had nothing to add as it was a clear breach of the Rule.

Decision:

As the breach was admitted it was deemed proved by the Committee.

Submission For Penalty:

Mr Williamson said that Mr Montes de Oca had had only a few rides in New Zealand and had a clear record. He submitted that due to the higher number of strikes and the consecutive use of the whip, that a term of suspension would be an appropriate penalty.

Mr Richards in response said that it was Mr Montes de Oca’s first breach; he was riding in a different country and asked the Committee to show some leniency.

Mr Richards confirmed that the Respondent had had less than 12 rides (in New Zealand) and 35 trial rides.

Reasons For Penalty:

The film evidence was very clear that the Respondent had used the whip 13 times prior to the 100m and had struck his mount on consecutive times. The limit prior to the 100m is 5 strikes with the whip. 13 times is well in excess and would be placed in the higher category. The JCA Penalty Guideline for such use is a 6-Riding Day suspension.

Taking into account the number of strikes and the consecutive use of the whip, it was considered that an increase could be applied due to these aggravating features.

Balanced against that was that it was a first breach of the Rule and that the Respondent had had a limited number of raceday rides in New Zealand. The JCA starting point was considered to be a condign penalty.

Penalty:

Mr Montes de Oca’s Apprentice Jockey’s License was suspended from the end of racing on 8 August up to the cessation of racing on 23 August 2020 (6 Riding Days).

All riders need to be mindful that excessive use of the whip is a serious animal welfare issue and will not be condoned.

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