Auckland TR 20 March 2024 – R2 – Nicholas Downs

Evidence

Following the running of Race 2, the Respondent Class D (Jumps Jockey) Nick Downs admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) strike a horse with a whip more than 5 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, Mrs Selvakumaran demonstrated that Mr Downs struck his mount (SWITOWSKI) 8 times in the straight prior to the 100m. She pointed out that Mr Downs struck his mount a further 3 times between the 100m and the finish.

In response, Mr Downs advised that he agreed with the number of strikes.  He had nothing further to add.

Decision

As Mr Downs admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mrs Selvakumaran produced Mr Downs’ record which was clear for the last 6 months. She submitted that the Penalty Guide provides for a fine of $500 in circumstances where a Rider applies 3 strikes more than the permitted 5 strikes.

Mr Downs submitted that Jumps and Highweight Riders should be given some leniency with regards to penalty due to their limited race riding opportunities.  It was pointed out to Mr Down that effective 26 April 2022, NZTR issued revised Penalty Guidelines for Jumps and Highweight races. These apply to Riders who hold Class D Licences and provide for some leniency to be given with regards to suspensions. He added that he has been a Jumps Rider for 30 years and is struggling to adapt to current Whip Use Rules.

Reasons for Penalty

The Penalty Guide starting point for breaches that occur in Jumps or Highweight races for a 1st breach, of 3 additional strikes, is a $500 fine.

After considering the film evidence, the submissions and having due regard for the number, frequency of strikes and the force used, the Adjudicative Committee determined there was no compelling reason to deviate from the Penalty Guide. Accordingly, a $500 fine is imposed.

Conclusion

Ms Downs was fined $500.