Matamata RC 26 April 2024 – R2 – Nicholas Downs

Background:

Following the running of Race 2, the ‘Mangakino RSA 2000’, an Information was lodged alleging a breach of Rule 638(3)(g)(i).

Details of the breach are as follows:

‘struck his mount ‘Ata Rangi’ six times prior to the 100 metre mark’

Mr Downs confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) except as provided for in (iii)(A),(B) of this sub rule, 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);

where it shall not be a contravention of this sub rule if:

(A) a Rider strikes a horse six times prior to the 100 metre mark, provided that the Rider does not strike the horse more than four times after the 100 metre mark,

Evidence:

Using available film, Stewards identified the incident. From the top of the straight, to just prior to the 100 metre mark, Mr Downs is seen to strike his mount on 6 occasions. In addition, his mount was struck on 7 occasions between the 100 metre mark and finish line. Mr Downs agreed with count.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Stewards outlined Mr Downs’ record in respect of any breach of this particular Rule within the last 6 months. There was 1 previous breach noted, being Auckland TR on 20th March 2024 – 8 strikes, $500 fine. Stewards referred the Adjudicative Committee to the current NZTR Penalty Guide. Mr Downs did not offer comment.

Reasons for Penalty:

The breach is clearly identified by film. The current Penalty Guide provides for a starting point of a fine of $250 for 1 additional strike, 2nd offence. After consideration, this was deemed an appropriate Penalty.

Conclusion:

Class D Jockey Mr Nicholas Down is fined a sum of $250.