Auckland TR 25 May 2025 – R2 – Nick Downs

Evidence

Following the running of Race 2, the Respondent Class D (Jumps Jockey) Nicholas (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, Trainee Stipendiary Steward Ms Greig demonstrated that Mr Downs struck his mount (TAUPO DANCER) 7 times in the straight prior to the 100m. She pointed out that Mr Downs struck his mount a further 8 times, between the 100m and the finish.

In response, Mr Downs advised that he agreed with the number of strikes. He said that he misjudged the 100 metre marker.

Decision

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

Submissions for Penalty

Mr Dooley produced Mr Downs’ record, which was clear for the last 6 months. He submitted that the Penalty Guide provides for a fine of $250 in circumstances where a Rider applies 2 strikes more than the permitted 5 strikes. Mr Dooley advised there are no compelling reasons to deviate from the Penalty Guidelines.

Mr Downs had nothing to add concerning penalty.

Reasons for Penalty

The Penalty Guide starting point for breaches that occur in Jumps or Highweight races for a 1st breach, of 2 additional strikes, is a $250 fine.

It is a defence to this charge if a Rider strikes his or her mount 7 times prior to the 100 metres and no more than 3 strikes from the 100 metres to the finish.  On this occasion, Mr Downs applied a further 8 strikes in the final 100 metres.  Therefore, the defence does not apply.  The Jump’s Racing Season has just commenced, and Mr Downs has previously struggled to adapt to the use of Whip Rules.  He was reminded that he must take care to ensure he complies for the remainder of the season.

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 a $250 fine to be an appropriate penalty.

Conclusion

Mr Downs was fined $250.