R Te Aroha 11 November 2025 – R8 – Elen Nicholas

EVIDENCE:

Following the running of Race 8, Apprentice Rider, Elen Nicholas, admitted a breach of Rule 638(3)(f)(ii). It was alleged she used her whip with her arm raised above shoulder height on one occasion, when riding ARABELLA.

Ms Nicholas was helped at the hearing by Rider Mentor Mr N Harris.

Rule 638(3) provides as follows:

(f)   … a Rider must not use his or her whip:

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

Mr Dooley used the race film to prove that Ms Nicholas, riding ARABELLA, applied one strike using an action that raised her arm above shoulder height. ARABELLA finished in third place.

In response, Ms Nicholas said that she changed her stick (whip) hand and when pulling it through the reins, she was riding close to another horse and Rider, and she raised her arm to avoid contacting that Rider.

In support, Mr Harris said that “when she pulls the stick through, she pulled her arm outward” and struck her mount from the side. Mr Harris also explained to the Adjudicative Committee, what he is doing to coach Apprentice Riders in order to avoid whip breaches such as this.

DECISION:

The breach having been admitted, it is considered proved.

SUBMISSIONS FOR PENALTY:

Mr Dooley said Ms Nicholas has three previous breaches of the Rule: namely:

24/10/25 at Taranaki – $500 fine

08/10/25 at Avondale – $350 fine

17/07/25 at Avondale – $250 fine

Mr Dooley referred to the recent case of Class A Rider Mr B Queiroz, who on 1 November 2025 at Wairarapa RC, received a $1,000 fine for his fourth breach of this Rule. He suggested that for consistency, a similar fine should be imposed,

Ms Nicholas submitted that she would prefer a fine rather than a suspension.

REASONS FOR PENALTY:

Prior to reaching a penalty decision, the Adjudicative Committee led a discussion around penalty options, due to this being Ms Nicholas’ fourth breach of this Whip Rule over a relatively short period of time.

In deliberating on the penalty, the Adjudicative Committee gave earnest consideration to imposing a suspension, recognizing the seriousness of repeated breaches.

The Adjudicative Committee referenced the precedent set in the Queiroz case, where a fine was imposed instead of a suspension, due to the Rider’s commitments to upcoming major races. In that decision, it was noted that the Adjudicative Committee stated, “the time has come for him to be fined at a level which well exceeds the fines which have escalated over recent times.”

The Adjudicative Committee acknowledges the importance of consistency in penalty decisions and agrees with the Steward’s view on this point.

It is important to note that this is Ms Nicholas’ fourth breach of the relevant Rule. Earlier, smaller fines have not served as an effective deterrent. Additionally, Ms Nicholas received two prior warnings for use of her whip above shoulder height, on 6 September 2025 and 10 July 2025. While warnings do not carry the same weight as formal charges, they are relevant in assessing overall culpability and the need for corrective action.

After careful consideration of all the relevant factors, including the need for consistency, the ineffectiveness of prior fines, and Ms Nicholas’ disciplinary history, the Adjudicative Committee has decided that a large fine is appropriate in this instance.

Ms Nicholas is strongly recommended to take immediate steps to change her whip use/action to ensure compliance with the Rules. The Adjudicative Committee emphasises that future breaches will be met with more severe penalties, including suspension.

CONCLUSION:

Apprentice Rider, Ms Nicholas, is fined $1,000.