R Te Aroha 3 October 2021 – R1 – Nick Downs

ID: RIB5061

Respondent(s):
Nick Downs - Jockey

Applicant:
Mr B Jones - Stipendiary Steward

Adjudicators:
Hon J W Gendall QC

Persons Present:
Mr B Jones, Mr N Downs

Information Number:
A15945

Decision Type:
Adjudicative Decision

Charge:
Struck mount with whip in 2 consecutive strides near 300m

Rule(s):
638(3)(h)(ii)

Plea:
Admitted

Code:
Thoroughbred

Race Date:
03/10/2021

Race Club:
Racing Te Aroha

Race Location:
Te Aroha Racecourse - Stanley Road South, Te Aroha,

Race Number:
R1

Hearing Date:
03/10/2021

Hearing Location:
Te Aroha Racecourse

Outcome: Proved

Penalty: Jockey Nick Downs is fined $500

SUMMARY OF FACTS:

Following the running of Race 1, the KNOTTINGLY FARM MAIDEN HURDLE 3100 Mr Jones lodged an Information  alleging that Mr Downs, the Rider of MATARO, committed a breach of Rule 638(h)(ii) in that he struck his horse with the whip in 2 consecutive strides during the race.

SUBMISSIONS:

The race film, as demonstrated by Mr Jones, disclosed that MATARO was struck twice with the whip in consecutive strides as it approached the 300 metres mark from the finish.  Mr Downs said he was simply trying to get his mount to respond but acknowledged it was in the final stages of the race when not in contention.

REASON FOR DECISION:

As Mr Downs admitted the charge, it was deemed proved.

SUBMISSION FOR PENALTY:

The Penalty Guide provides for sanction for 2 consecutive strides; where prior offences, Stewards have the discretion to charge on the same basis as an offence for 3 consecutive strides.  Mr Downs has 3 previous convictions for breach of the Whip Rule, 2 in the past 6 months.

REASON FOR PENALTY:

In terms of the Penalty Guide “starting point” is the greater of a $500 fine or 50% of the Jockey’s share of the stakes.  MATARO finished 6th and did not earn a stake.

CONCLUSIONS:

Accordingly Mr Downs is fined $500.

Decision Date: 03/10/2021

Publish Date: 05/10/2021