Hawkes Bay RI 2 July 2022 – R2 – Nick Downs

Evidence

Following the running of Race 2, the Respondent Mr N Downs, admitted a charge alleging use of whip in consecutive strides over the concluding stages.

Rule 638(3)(h)(ii) provides that in a Jumping Race or trial a Rider must not:

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the three available race films Stipendiary Steward Mr Oatham demonstrated that after jumping the second to last fence, Mr Downs struck his mount 2 times consecutively. He went on to run 2nd in the race.

In response, by way of explanation Mr Downs said he was very familiar with the Whip Rules and had not hit his horse consecutively on purpose.

Decision

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

Submissions For Penalty

Mr Oatham produced Mr Down’s record which showed no breaches of this Rule in the previous 6 month period.

He said there were no aggravating factors that might require an uplift from the Penalty Guide.

Mr Down’s share of the stake was $1100.

Reasons For Penalty

The Penalty Guide has the following general whip penalty provisions for Jumps and Highweight races:

No warnings will be issued for breaches of the whip Rules in any Prestige Jumping race. In all breaches of the whip rules in any Prestige Jumping race the starting point for a fine will be an amount equal to 50% of the Jockey’s share of the stake earned by their mount and may be in addition to any suspension.

After considering the film evidence, the submissions, the number of consecutive strikes, the Prestige status of the race, as well as Mr Down’s share of the stake ($1100), the Adjudicative Committee determined there were no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis the Respondent is fined $550.

Conclusion

Mr Downs is fined $550.