R Taupo 22 May 2024 – R2 – Nicholas Downs

Background:

Following the running of Race 2, the “Riverrock Farm – Chad Ormsby 2000”, an Information was lodged alleging a breach of Rule 638(3)(g)(i).

Details of the breach are as follows:

Mr Downs struck his mount ‘ROSINA’ 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 more than 4 times 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 were 2 previous breaches noted, being Auckland TR on 20 March 2024 – 8 strikes, $500 fine, and Matamata RC on 26 April 2024 – 6 strikes, $250 fine. Stewards referred the Adjudicative Committee to the current NZTR Penalty Guide for a third offence for 1 additional strike under this Rule for a high weight race is a $500 fine.

The Stewards saw no reason to deviate from the Penalty Guide.

Mr Downs did not offer any comment.

Reasons for Penalty:

The breach is clearly identified by film. The current Penalty Guide provides for a starting point of a fine of $500 for 1 additional strike, 3rd offence. After consideration, this was deemed an appropriate Penalty.

Conclusion:

Class D Jockey Mr Nicholas Downs is fined a sum of $500.