Waikato RC 21 May 2022 – R6 – Elen Nicholas
ID: RIB9160
Animal Name:
THUNDER
Code:
Thoroughbred
Race Date:
21/05/2022
Race Club:
Waikato Racing Club
Race Location:
Te Rapa Racecourse - Te Rapa Road, Hamilton, 3200
Race Number:
R6
Hearing Date:
21/05/2022
Hearing Location:
Te Rapa Racecourse
Outcome: Proved
Penalty: Apprentice Rider, Elen Nicholas fined $250
Evidence
Following the running of Race 6, the Respondent, Apprentice Rider Elen Nicholas admitted a charge alleging excessive whip use prior to the 100 metres.
Ms Nicholas indicated on the Information that she admitted the breach. She told the Adjudicative Committee that she was familiar with charge and the Rule. Apprentice jockeyr Mentor, Mr N Harris was present at the hearing and assisted Ms Nicholas.
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 B Jones demonstrated that the Respondent struck her mount 6 times from the straight entrance to just prior to 100-metre mark.
Mr Harris said that the strikes were not aggressive, but accepted that Ms Nicholas struck her mount six times.
Decision
As Ms Nicholas admitted the breach the Adjudicative Committee finds the breach proved.
Submissions For Penalty
Mr Oatham produced Ms Nicholas’ record which indicated one previous breach in the past 6 months. He said that the Guidelines which came into force on 1 March 2022 provide for a $250 fine for a second breach.
Reasons For Penalty
The Penalty Guide starting point for a breach of this nature is a $250 fine.
After considering the film evidence, the submissions and having due regard for the number and frequency of strikes; the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.
Conclusion
Ms Nicholas is fined $250.
Decision Date: 21/05/2022
Publish Date: 23/05/2022