R Rotorua 27 December 2025 – R6 – Elen Nicholas

ID: RIB62409

Respondent(s):
Elen Haf Nicholas - Apprentice Jockey

Applicant:
Mr Adrian Dooley - Senior Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring

Persons Present:
Mr Dooley, Mr John Oatham - Chief Stipendiary Steward, Ms Nicholas

Information Number:
A19126

Decision Type:
Race Related Charge

Charge:
Whip use when out of contention

Rule(s):
638(3)(f)(iii) - Contravention whip rule

Plea:
Admitted

Animal Name:
Whatthemansaw

Code:
Thoroughbred

Race Date:
27/12/2025

Race Club:
Rotorua Racing Club

Race Location:
Arawa Park Racecourse - 274 - 287 Fenton Street, Glenhome, Rotorua, 3010

Race Number:
R6

Hearing Date:
27/12/2025

Hearing Location:
Arawa Park Racecourse - Fenton Street Rotorua

Outcome: Proved

Penalty: Apprentice Jockey Elen Nicholas is fined $300

Background:

Following the running of Race 6, the ‘House of Elliott 1560’ an Information was lodged alleging a breach of Rule 638(3)(f)(iii). The Information read as follows:

‘struck her mount ‘WHATTHEMANSAW’ with the whip when out of contention of finishing in the first five placings’.

Rule 638(3)(f)(iii) provides .. (f) a Rider must not use his or her whip (iii) when the Rider’s horse is out of contention of finishing in the first five placings;

Prior to commencement of the hearing, there was discussion around, given the Respondent’s status as an Apprentice, why there was not the assistance of a senior in the room. Ms Nicholas confirmed Ms Jasmine Fawcett had earlier provided assistance and was in attendance when film was initially viewed and the Information signed. Ms Fawcett then asked to be excused.  It was on this basis, that the hearing proceeded. Ms Nicholas confirmed to the Adjudicative Committee that she understood the Rule and admitted the breach.

Evidence:

Using available film, Stewards identified the incident. At the approximate 600 metre mark, WHATTHEMANSAW was in last place and somewhat detached from the body of the field. As the Respondent’s mount entered the home straight, it was struck on 2 occasions. Stewards did not have issue with this action. However, the horse was struck on 3 further occasions between the 200m and 100m, without response or identifiable improvement. The horse finished 10th in a field of 12, 8.2 lengths from the winner and 4.8 lengths from the 5th placed horse.

Decision:

As the charge was admitted, it was deemed proved.

Submissions as to Penalty:

Stewards advised the Respondent’s record. Her record does remain clear as it relates to any breach of this Rule within the last six months. The Adjudicative Committee was referred to the current Penalty Guide. Ms Nicholas asked that her status as an Apprentice be considered, where a fine is to be imposed.

Reasons for Penalty:

Film identifies the breach. The current Penalty Guide provides for starting point of a $300 fine for a breach of this Rule, 1st offence. On balance, the Adjudicative Committee found no compelling reason to deviate from the Guide. A fine of $300 was determined to be the appropriate penalty.

Conclusion:

Apprentice Jockey Ms Elen Nicholas is fined a sum of $300.

Decision Date: 27/12/2025

Publish Date: 03/01/2026