Waikato RC 24 August 2024 – R1 – Nick Downs

Evidence

Following the running of Race 1, the Respondent Nick Downs, Rider, admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(h)(i) provides that in a Jumps Race a Rider must not:

(i) strike a horse with a whip more than 10 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins);

Using the available race films, Mr Oatham demonstrated that the Respondent struck his mount 11 times prior to the 100-metre mark.  He pointed out that 3 of the strikes occurred prior to the turn, with a further 8 strikes occurring from there until the 100m. He said the last strike occurred just prior to the 100m mark.

In response, by way of explanation, the Respondent said that he was riding the favourite and ran up the back of a runner down the back straight, so was left flat footed.

Decision

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions for Penalty

Mr Oatham produced the Respondent’s record, which indicated one previous breach of Rule 638(3)(h)(i) on the 27th of June, which resulted in a warning.

He said that the Guidelines indicated a fine of $250 and the Stewards didn’t identify any aggravating factors that would necessitate an uplift.

The Respondent had nothing to offer in relation to penalty submissions.

Reasons for Penalty

The Penalty Guide starting point for a breach of this nature is $250 for a 2nd breach, 1 strike over the limit.

After considering the circumstances of the breach, the Adjudicative Committee saw no reason to deviate from the Guidelines.

On that basis, the Respondent is fined $250.

Conclusion

Nick Downs is fined $250.