Taumarunui RC 31 July 2021 – R5 – Elen Nicholas

ID: RIB3913

Respondent(s):
Elen Nicholas - Apprentice Jockey

Applicant:
Mr John Oatham - Chief Stipendiary Steward

Adjudicators:
Prof G Hall - Chairman, Mr B Scott (Member)

Persons Present:
Mr Noel Harris - Apprentice Jockey Mentor, assisting Ms Nicholas

Information Number:
A16301

Decision Type:
Adjudicative Decision

Charge:
Excessive use of whip

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

Plea:
Admitted

Code:
Thoroughbred

Race Date:
31/07/2021

Race Club:
Taumarunui Racing Club

Race Number:
R5

Hearing Date:
31/07/2021

Hearing Location:
Rotorua

Outcome: Proved

Penalty: Class B Jockey Ms Elen Nicholas is fined $600

EVIDENCE:

The Stewards charged Ms Nicholas with a breach of r 638(3)(b)(ii) in that she used her whip excessively prior to the final 100 metres when riding SULIMAN.

SUBMISSIONS:

Mr Oatham demonstrated on the video that the Respondent struck her mount 7 times before the final 100 metres of the race.

Ms Nicholas agreed with this count and said she had simply made a misjudgement. Mr Harris commented that the strikes were not aggressive and that SULIMAN was a lazy horse that needed to be worked on. He said the Respondent had started to use the whip from so far out (800 metres) that she had forgotten to include the first couple of strikes in her count.

REASON FOR DECISION:

Ms Nicholas admitted the charge and it is found proved.

SUBMISSION FOR PENALTY:

Mr Oatham observed that the starting point in the JCA Penalty Guide is a fine of $500. He said Ms Nicholas has had 152 rides and was a very successful Rider in recent times. She had one previous breach at Counties on 23 June last when she was fined $300. He said that while the whip use was well spaced out, the whip was not there to make the horse go faster from some distance out in the race. He added the Respondent had won the race which had a stake of $50,000, although it was no longer black type.

Mr Harris reiterated there was no aggression with the strikes and accepted the public perception would be that it was not a good look.

REASON FOR PENALTY:

Ms Nicholas has admitted to 7 strikes with the whip prior to the 100 metres. She has one previous breach of this Rule in her riding career. She is an Apprentice Jockey and has admitted the breach. The starting point in the JCA Penalty Guide is a $500 fine and while it is not a black type race, the stake is $50,000 and Ms Nicholas’ mount won the race.  An uplift is appropriate.

CONCLUSIONS:

Ms Nicholas is fined the sum of $600.

Decision Date: 31/07/2021

Publish Date: 03/08/2021