Cambridge JC 4 August 2021 – R1 – Elen Nicholas

ID: RIB3933

Respondent(s):
Elen Nicholas - Apprentice Jockey,

Applicant:
Mr B Jones - Stipendiary Steward

Adjudicators:
Hon J W Gendall QC

Persons Present:
Mr B Jones - Stipendiary Steward, Mr M Williamson - Senior Stipendiary Steward, Ms E Nicholas assisted by Mr N Harris, Mr S Phelan - Employer of Ms E Nicholas

Information Number:
A15911

Decision Type:
Adjudicative Decision

Charge:
Careless Riding

Rule(s):
638(1)(d)

Plea:
Admitted

Code:
Thoroughbred

Race Date:
04/08/2021

Race Club:
Cambridge Jockey Club

Race Location:
Cambridge Jockey Club - 40 Racecourse Road, Cambridge, 4210

Race Number:
R1

Hearing Date:
04/08/2021

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Class B Licensed Jockey Elen Nicholas is suspended for 3 National riding days and fined $250

EVIDENCE:

At the conclusion of Race 1, the Horse Transport Series 1550, Stipendiary Steward Mr Jones presented an Information charging Ms E Nicholas, Class B Apprentice Jockey with careless riding, in breach of Rule 638(1)(d).

The facts relating to the breach were alleged to be that Ms Nicholas “permitted her mount CASPER to shift in near the 300 metres when not sufficiently clear of BO JACKSON which was hampered, losing ground”.

Ms Nicholas, assisted by Mr N Harris, admitted the breach of Rule 638(1)(d).

SUBMISSIONS:

Mr Williamson, Senior Stipendiary Steward demonstrated from the race films the facts relating to the breach of the Rule.  Ms Nicholas’ mount, CASPER, was outside and ahead of BO JACKSON (Mr W Pinn) which was racing against the rails.  Ms Nicholas angled her mount inwards when she was insufficiently clear of BO JACKSON in an endeavour to secure a run.  In doing so, she crossed Mr Pinn’s mount when not clear so as to require Mr Pinn to take hold of his mount as it was hampered.  The film evidence supported the conclusion that Mr Pinn might have slightly exaggerated the extent of the effect upon his mount.  The careless riding, whilst a breach of the requirements of the Rule, was at a low end.

REASON FOR DECISION:

As Ms Nicholas admitted the breach, it was deemed proved.

SUBMISSION FOR PENALTY:

Mr Jones submitted that the breach was at the low end of careless riding, that Ms Nicholas had a clear riding record for any careless riding breaches over the past 12 months.

Mr Harris emphasised that Ms Nicholas had been back riding as an Apprentice for 1 year 3 months, was a busy Rider with frequent engagements and very promising.  She has riding committed engagements 7, 11 and 14 August 2021.

REASON FOR PENALTY:

From a suggested starting point of 4 days suspension, the Committee regards all mitigating factors, Ms Nicholas’ excellent record, and the low level of breach, and fixes a suspension at 3 National riding days.  That will be deferred for 10 calendar days so as to commence at the conclusion of racing on 14 August 2021 and to end at the conclusion of racing on 21 August 2021.  In addition a fine of $250 is imposed.

CONCLUSIONS:

Ms Nicholas is suspended for 3 National riding days and fined $250.

Decision Date: 04/08/2021

Publish Date: 06/08/2021