Matamata RC 8 October 2022 – R10 – Elen Nicholas

ID: RIB11361

Respondent(s):
Elen Nicholas - Apprentice Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Mr G Jones and Hon J W Gendall KC

Persons Present:
Mr Oatham, Ms Nicholas and Mr N Harris (Mentor)

Information Number:
A17238

Decision Type:
Race Related Charge

Charge:
Use of whip in consecutive strides

Rule(s):
638(3)(g)(ii) - Contravention whip rule - Consecutive strides - whip use

Plea:
Admitted

Animal Name:
SHE'S A MANEATER

Code:
Thoroughbred

Race Date:
08/10/2022

Race Club:
Matamata Racing Club

Race Location:
Matamata Racecourse - 7555 State Highway 27, R D 3, Matamata, 3440

Race Number:
R10

Hearing Date:
08/10/2022

Hearing Location:
Matamata Racecourse

Outcome: Proved

Penalty: Apprentice Rider Elen Nicholas fined $300

Evidence

Following the running of Race 10, the Respondent Apprentice Rider Elen Nicholas admitted a charge alleging use of whip in consecutive strides over the concluding stages.

Apprentice Mentor Mr N Harris was present at the hearing and assisted Miss Nicholas.

Rule 638(3)(g)(ii) provides that in a Flat Race a Rider must not:

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

Using the available race films Mr Oatham demonstrated that the Respondent struck her mount three times consecutively over the concluding stages of the race. This occurred close to the finish when the Respondent’s mount (SHE’S A MANEATER) was in second place mounting a challenge for the lead.  SHE’S A MANEATER finished second ¾ length from the winner.

Neither Miss Nicholas nor Mr Harris had anything to say in response.

Decision

As the Respondent admitted the charge, the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Oatham submitted that the Respondent has a clear record under the Rule. He suggested that a fine commensurate with the Penalty Guide should be imposed.

Neither Miss Nicholas nor Mr Harris had anything to say in relation to the penalty.

Reasons For Penalty

The Penalty Guide starting point for a first breach of this Rule is a $300 fine.

After considering the film evidence and the submissions, and having due regard for the number of consecutive strikes, the Adjudicative Committee determined there are no reasons to depart from the starting point set out in the Penalty Guide.

On that basis the Respondent is fined $300.

Conclusion

Miss Nicholas was fined $300.

Decision Date: 08/10/2022

Publish Date: 10/10/2022