Otaki-Maori RC 20 April 2023 – R1 – Nick Downs

ID: RIB18927

Respondent(s):
Nick Downs - Jockey

Applicant:
Mr Keith Coppins - Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring

Persons Present:
Mr K Coppins, Mr N Downs

Information Number:
A17338

Decision Type:
Race Related Charge

Charge:
Excessive Use of Whip - struck mount 8 times prior to 100m

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
Tellemalie

Code:
Thoroughbred

Race Date:
20/04/2023

Race Club:
Otaki-Maori Racing Club

Race Location:
Otaki Racecourse - Te Roto Road, Otaki, 5512

Race Number:
R1

Hearing Date:
20/04/2023

Hearing Location:
Otaki Racecourse 47 Te Roto Road Otaki

Outcome: Proved

Penalty: Jockey Nick Downs, suspended 1 day

Evidence:

Following the running of Race 1, the JCE Construct Maiden Highweight, Respondent Mr Downs (Class D Rider) admitted a charge alleging excessive whip use (8 strikes) prior to the 100 metre mark.

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

(i) strike a horse with a whip more than 5 times prior to the 100-mark  (other than in a slapping motion down the shoulder with the whip hand remaining on the reins).

Mr Downs confirmed to the Adjudicative Committee that he admitted the breach.

Using available film, Stipendiary Steward Mr Coppins identified that Mr Downs struck his mount on 8 occasions, the first just prior to the turn and last, approaching the 100 metre mark. Mr Downs agreed with the count.

Decision:

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

Submissions for Penalty:

Mr Coppins advised that the Respondent received a warning relating to a breach of the Rule at the Wanganui Jockey Club meeting on 6th April 2023 – 6 strikes prior to the 100 metre mark. This is the only breach noted within the last six months. The Adjudicative Committee was referred to the current Penalty Guideline as it relates to Jumps and Highweight races.

Reasons for Penalty:

The NZTR Penalty Guide provides for a suspension of 1 Race Day for a second breach involving three more strikes than that permitted. The Adjudicative Committee found no material reason to depart from same. Mr Downs did not seek deferment.

Conclusion:

Mr Downs is suspended for 1 Race Day, that being Hawera on 26th April 2023 where Jumps Racing is scheduled.

Decision Date: 20/04/2023

Publish Date: 21/04/2023