Avondale JC 8 October 2025 – R3 – Elen Nicholas
ID: RIB59390
Animal Name:
POPPA DENNIS
Code:
Thoroughbred
Race Date:
08/10/2025
Race Club:
Avondale Jockey Club Inc
Race Location:
Avondale Racecourse - Ash Street, Avondale, Auckland, 1026
Race Number:
R3
Hearing Date:
08/10/2025
Hearing Location:
Avondale JC
Outcome: Proved
Penalty: Apprentice Rider Elen Nicholas is fined $350
EVIDENCE:
Following the running of Race 3, 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 POPPA DENNIS.
Ms Nicholas was assisted 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 demonstrate that Ms Nicholas, riding POPPA DENNIS, applied one strike using an action that raised her arm above shoulder height. He said there was no issue concerning the force used in the application of the strike.
In response, Ms Nicholas stated that “it was only one strike…a small margin above the shoulder”. She added, her mount raised its head at the time of the strike and the breach was the result of a misjudgement on her part.
DECISION:
The breach having been admitted, it is deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Dooley said Ms Nicholas has one previous breach of the Rule – this occurred on 16 July 2025 at Avondale, resulting in a $250 fine. He said she has since incurred a warning on 6 September 2025. He suggested that a fine in the vicinity of $500 would be an appropriate penalty.
REASONS FOR PENALTY:
The race films clearly establish that Ms Nicholas applied one strike above shoulder height. Whereas the Penalty Guide starting point for a first breach is a $250 fine, the penalty for second (or more breach) is dealt with on a fact dependent basis. Given the circumstances and nature of the breach, an uplift from the $250 starting point is appropriate. This is set at $100, which represents a 40% uplift from the $250 starting point.
There was no other aggravating factor to be considered.
CONCLUSION:
Accordingly, Apprentice Rider, Ms Nicholas, is fined $350.
Decision Date: 08/10/2025
Publish Date: 09/10/2025