Pakuranga HC 4 September 2022 – R3 – Nick Downs

Evidence

Following the running of Race 3, the Respondent Class D Jumps Rider Mr Nick Downs, admitted a charge alleging use of whip in consecutive strides over the concluding stages of the race.

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 Chief Stipendiary Steward Mr Oatham demonstrated that the Respondent struck his mount 3 times consecutively over the concluding stages of the race. He pointed out that the breach occurred near the finish when Mr Down (KAJINO) was fighting out a close finish for first place.  KAJINO finished second half a length behind the race winner NEDWIN.    

In response, by way of explanation the Respondent said that he was “desperate” to win the race and the breach happening right at the finish of the race.

Decision

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

Submissions For Penalty

Mr Oatham produced the Respondent’s record which indicated one previous breach of the Rule. This occurred on 2 July at Hawkes Bay in a Prestige Jumping race and resulted in a $550 fine.

Mr Oatham submitted that this race was not a Prestige Race, and, on that basis, he recommended that a fine in keeping with the Penalty Guide be imposed.

The Respondent submitted that a fine no more than that recommended in the Penalty Guide be imposed.  He added that Jumps Riders have limited earning capacity.

Reasons For Penalty

The Penalty Guide starting point is $500 for a second breach involving 3 consecutive strikes.

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 compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis the Respondent is fined $500.

Conclusion

The Respondent Mr Downs is fined $500.