Riccarton Park – Canterbury JC 5 August 2023 – R9 – 5 Elen Nicholas

Evidence

Following the running of Race 9, the Respondent, Elen Nicholas, Class B Rider, admitted a charge alleging excessive whip use prior to the 100 metres.

Apprentice Mentor David Walsh and Trainer Shaun Phelan were present to assist.

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-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins); or

Using the available race films, Stipendiary Steward Mr Brady Jones demonstrated that the Respondent struck her mount 8 times from the straight entrance to the 100-metre mark.

In response, by way of explanation, the Respondent Ms Nicholas said the long length of the straight at Riccarton was deceptive.

Decision

As the Respondent Ms Nicholas admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Jones produced the Respondent’s record which indicated a first offence on 26 January 2023, where a warning was issued.

Mr Jones submitted a penalty commensurate with the  Penalty Guide for excessive whip use, with a starting point of 5 days suspension for a second offence with 3 extra strikes. He added that this was a Group 3 Race, which needed consideration in regards to penalty.

Ms Nicholas made no submissions in regards to penalty, apart from seeking a deferment until after racing on 12 August 2023.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

For breaches of the Whip Rule prior to the 100m mark:

3rd offence starting point 5 national day suspension 

In adopting the Penalty Guide starting point of a 5 day suspension, mitigation inclusive, this Adjudicative Committee considered that an uplift was warranted due to the status of the race being Group 3. That uplift was set at 1 day.

It was therefore determined that a 6 day suspension was an appropriate penalty in this case.

Conclusion

The Respondent is granted a 7-day deferment. Her Licence to ride in races is suspended for 6 days from close of racing on 12 August 2023, until close of racing on 24 August 2023.