Waikato TR 15 September 2024 – R7 – Nick Downs

Evidence

Following the running of Race 7, The Great Northern Steeplechase, 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 Jones demonstrated that the Respondent struck his mount 14 times prior to the 100-metre mark.  He said after jumping the fence at the 600m, to the turn, he applied 3 strikes and then a further 11 strikes in the home straight, prior to the 100m.

Mr Downs said that he was careful counting until after the last fence. He said his horse was weary and he was doing his best to get the best out of his mount.

Decision

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

Submissions for Penalty

Mr Jones produced the Respondent’s record, which indicated two previous breaches of Rule 638(3)(h)(i).

Mr Jones said the starting point for a breach of this nature was a 3 day suspension. He said that the breach had occurred in a Prestige Jumping Race, so a fine equal to 50% of his winning stake as well as a suspension, should apply in this case. He added that there is only one Jumping Raceday left this jumping season (29/9/24) and therefore, a monetary uplift is recommended. Mr Jones said that Mr Downs’ stake earning for the race was $2,750 (50% of his share is $1,375).

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

Reasons for Penalty

In a Prestige Jumping Race, the penalty starting point includes 50% of a Rider’s winning stake, plus a proposed suspension. In this case, the Penalty Guide provides for a 3 day suspension.

The Adjudicative Committee notes that there is only 1 remaining Jumps Meeting available until jumping races recommence next year. As the dates for these race meetings are not known, a monetary uplift is applied in recognition of this.

After considering the circumstances of the breach, the Adjudicative Committee has determined that an appropriate penalty is a 1 day suspension and a $1,600 fine.

Conclusion

Nick Downs is fined $1,600 and suspended for 1 day, that being 29/9/2024.