Ashburton RC 20 February 2026 – R5 – Elen Nicholas

Evidence:

Following the running of Race 5, the Respondent Class B Rider Elen Nicholas admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of MOON MONEY, “she allowed her mount to shift inwards when not sufficiently clear of SAKO, which was checked near the 300 metres.”  

The Respondent acknowledged she understood the Rule and confirmed her admission of the breach.

Miss Nicholas was assisted at the hearing by NZTR Apprentice Mentor, Jason Laking.

Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using the available race films, Stipendiary Steward Rebecca Haley, with the assistance of Chief Stipendiary Steward John Oatham, demonstrated the incident and identified the horses and Riders concerned. Mr Oatham pointed out Miss Nicholas, riding MOON MONEY, racing wide on the track approaching the 300m with SAKO, ridden by Bruno Queiroz and SECOND CHANCE, ridden by Leah Hemi, racing to the inside of MOON MONEY.

Mr Oatham showed that all three horses were racing in tight quarters leading up to the incident. He pointed out SAKO, Mr Queiroz, who, just prior to this incident, was attempting to shift outwards to find clear running, making contact on several occasions with Miss Nicholas and finding a run just prior to the incident. At the 300m, Miss Nicholas, who was riding out MOON MONEY, was using the whip and when doing so, allowed her mount to gradually shift in, and as a result, Mr Queiroz ran out of room and had to check. Mr Oatham also showed that Ms Hemi, racing to the inside of SAKO,  was also racing in tight quarters as the breach occurred and was receiving outward pressure from the runner to her inside as the incident took place, which contributed to the incident.

In response, Miss Nicholas stated that Mr Queiroz, SAKO, had been attempting to shift her wider on the track prior to the straight. She said that SAKO was tiring and she had thought that she was clear of that horse, when she felt MOON MONEY shifting inwards. She added that Mr Queiroz did not call out, which did not help the situation.

Mr Laking stated that Miss Nicholas had stopped riding and straightened her mount when she realised that there was a runner to her inside, but conceded that it was too late.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty:

Stipendiary Steward Ms Haley stated that Miss Nicholas’ record in regard to this Rule, was clear over the past 12 months, where she had ridden on  515 occasions over the past year, an excellent record, she submitted.

Ms Haley said Stewards assessed the level of carelessness to be in the low-range, due to the mitigating factors noted above and submitted a starting point as per the Penalty Guide of a 5-day starting point.

She informed the Adjudicative Committee that Miss Nicholas was about to begin a suspension for a whip offence and any suspension would begin after that suspension ended on 28 February 2026.

In terms of any proposed penalty, Miss Nicholas stated that there were mitigating factors to consider, being the contributing factors from other runners with the incident and her excellent record in regard to this Rule.

Reasons for Penalty:

After considering all submissions, including the mitigating factors as noted above, the Adjudicative Committee determined the Respondent’s carelessness to be in the low range and accordingly, adopted a 5-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

There were no aggravating factors to consider, therefore no uplift in penalty was warranted.

Miss Nicholas’ frank admission of the breach and her excellent record, warrants a discount, which was set at 1 day.

After consideration of the above factors, a 4-day suspension was imposed.

Conclusion:

Miss Nicholas’ Licence to ride in races is suspended for a period of 4 National Days, commencing after her suspension for a whip offence concludes, being after racing on 28 February 2026 and concluding after racing on 6 March 2026.