Taranaki RI 24 October 2025 – R5 – Elen Nicholas

Following the running of Race 5, Apprentice Rider, Elen Nicholas, admitted a breach of Rule 638(3)(f)(ii) where it was alleged she used her whip with arm above shoulder height in the final straight on her mount EPSILON on 2 occasions.

Rule 638(3) provides as follows:

(f)   Without limiting the generality of subrule 638(3)(e), in a Flat Race or Jumping Race, a trial (including jump-outs and/or tests for certification purposes) a Rider must not use his or her whip:

       (ii)  using an action that raises the Rider’s arm above shoulder height.

EVIDENCE:

Race videos presented by Ms Jillings, showed Apprentice Rider Ms Elen Nicholas positioned at the rear of the field on the home bend. The footage clearly depicted two occasions, where Ms Nicholas used her whip above shoulder height. Ms Nicholas accepted that this occurred. Senior Rider Ms Barnes, attended in support of Ms Nicholas and confirmed there was no dispute with the charge.

DECISION:

The charge was admitted and is accordingly found proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward Ms Selvakumaran submitted that Ms Nicholas had two prior breaches of the same Rule within the last six months:

• 16 July 2025 – one strike above shoulder height – $250 fine

• 8 October 2025 – one strike above shoulder height – $350 fine

Ms Nicholas has had 253 rides in the past 12 months. The Stewards sought the imposition of a further fine.

In response, Ms Nicholas explained that she had made an error of judgement, and acknowledged the need to modify her riding style. She also referred to previous shoulder surgery, which has made changing her whip technique more difficult. Northern Apprentice Mentor Mr Noel Harris, has been assisting her with this issue. She reminded the Adjudicative Committee that, as an Apprentice Rider, she receives only 50% of the riding fee. Ms Barnes added that she too would work with Ms Nicholas and suggested transitioning to a backhand whip style, to help reduce the likelihood of future breaches.

REASONS FOR PENALTY:

The evidence clearly established two separate instances of whip use above shoulder height, a contravention of the Rule. The RIB Thoroughbred Racing Penalty Guide (February 2025) sets a starting point of a $250 fine for a first offence. This current charge represents Ms Nicholas’ third breach of the same Rule within three months, and involved two strikes.

In determining penalty, the Adjudicative Committee took into account the repeated nature of the offending within a short timeframe, the need for deterrence, and the Rider’s willingness to further seek remedial guidance.

An uplift from the Guideline starting point was considered warranted, to reflect the repetition of breaches and to reinforce the importance of compliance. While the Adjudicative Committee noted Ms Nicholas’ Apprentice status and her reduced income, it did not consider these factors sufficient to materially reduce the penalty.

CONCLUSION:

The Respondent, Apprentice Rider, Elen Nicholas, is fined $500.