Avondale JC 16 July 2025 – R5 – Elen Nicholas

ID: RIB57008

Respondent(s):
Elen Haf Nicholas - Apprentice Jockey

Applicant:
Adrian Dooley - Stipendiary Steward

Adjudicators:
L Ryan

Persons Present:
Mr Dooley, Mr G Stewart - Stipendiary Steward, Mr N Harris - assisting Ms Nicholas, Ms Nicholas

Information Number:
A19240

Decision Type:
Race Related Charge

Charge:
Used whip with an action which raised the Rider's arm above shoulder height

Rule(s):
638(3)(f)(ii) - Contravention whip rule

Plea:
Admitted

Stewards Report

Results

Animal Name:
MADIRAN

Code:
Thoroughbred

Race Date:
16/07/2025

Race Club:
Avondale Jockey Club Inc

Race Location:
Avondale Racecourse - Ash Street, Avondale, Auckland, 1026

Race Number:
R5

Hearing Date:
16/07/2025

Hearing Location:
Avondale Racecourse

Outcome: Proved

Penalty: Apprentice Rider Elen Nicholas is fined $250

Following the running of Race 5, Apprentice Rider, Elen Nicholas, admitted a breach of Rule 638(3)(f)(ii) where it was alleged she used her whip with her arm raised above shoulder height on one occasion, when riding MADIRAN at the 100 metres.

Rule 638(3) provides as follows:

(f) Without limiting the generality of subrule 638(3)(e), in a Flat Race or Jumping Race, a trial (including jump-outs and/or tests for certification purposes) a Rider must not use his or her whip:

(ii) using an action that raises the Rider’s arm above shoulder height.

EVIDENCE:

Mr Dooley used the videos to show Ms Nicholas at the 100m, clearly using the whip in a manner which raised the whip above her shoulder. There was one strike. Ms Nicholas had no issue with the charge. She had Mr Harris with her and the Adjudicative Committee was satisfied that she understood the charge and the circumstances of the breach.

DECISION:

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Dooley said Ms Nicholas had received, on 10 July, three warnings about using the whip in this manner. It was for this reason, the Stewards decided to raise a charge. Under the Penalty Guide, he said, the starting point for a first offence was a fine of $250. Ms Nicholas took no issue with the imposition of a fine.

REASONS FOR PENALTY:

This was a clear breach of the Rule, involving a whip action on one occasion, when the Respondent raised her arm above shoulder height. The RIB Thoroughbred Racing Penalty Guide (February 2025) provides a starting point for a first breach, of a $250 fine. Given the earlier warnings, there was no justification to give credit for the fact Ms Nicholas was an Apprentice Rider.

There were no other aggravating or mitigating factors to be considered.

CONCLUSION:

The Respondent, Apprentice Rider, Elen Nicholas, is fined $250.

Decision Date: 16/07/2025

Publish Date: 18/07/2025

Avondale JC 16 July 2025 – R5 – Elen Nicholas

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