Egmont RC 3 September 2021 – R6 – Elen Nicholas

ID: RIB4401

Respondent(s):
Elen Nicholas - Apprentice Jockey

Applicant:
N Goodwin Stipendiary Steward

Adjudicators:
N Moffatt

Persons Present:
K Clapperton Central Districts Apprentice Mentor

Information Number:
A14578

Decision Type:
Adjudicative Decision

Charge:
Excessive use whip

Rule(s):
638 3gi

Plea:
Admitted

Animal Name:
Mi Gracie

Code:
Thoroughbred

Race Date:
03/09/2021

Race Club:
Taranaki Racing Inc

Race Location:
Hawera Racecourse - Waihi Road, Hawera, 4610

Race Number:
R6

Hearing Date:
03/09/2021

Hearing Location:
Hawera

Outcome: Proved

Penalty: Apprentice Jockey Elen Nicholas is suspended for 5 days and fined $100

SUMMARY OF FACTS:

Mr Goodwin said Ms Nicholas had used the whip above the maximum number allowed of five strikes. Stewards were now charging Riders whenever they breached the Guidelines even when only one over.

EVIDENCE:

He showed the head-on film of the race from the home bend and counted Ms Nicholas use her whip on 6 occasions prior to the 100 metres. Both Ms Nicholas and Ms Clapperton accepted that this number was accurate. Her mount MI GRACIE ran second in the race.

REASON FOR PENALTY:

NZTR recently revised the Guidelines for whip offences and these came into force from September 1st 2021. Ms Nicholas said she was aware of the new penalties associated with whip offences.  Mr Goodwin produced Ms Nicholas’ record which showed two previous breaches for excessive use of the whip. She was fined $300 at Counties on June 23rd and $600 on July 31st.

Taking into account that this was Ms Nicolas’ third breach within 6 months the Committee adopted a starting point of 5 national days suspension plus 50% of the Rider’s share of the stake.

CONCLUSIONS:

The Committee did not identify any aggravating factors requiring an uplift. Ms Nicholas advised of riding commitments through until Wednesday September 8th.

Accordingly she is suspended from the conclusion of racing on Wednesday September 8th up to and including racing on Thursday September 16th. This is calculated as a five day suspension. In addition she is fined the sum of $100 which is approximately 50% of her share of the stake for second place.

Decision Date: 04/09/2021

Publish Date: 06/09/2021