Waikato RC 27 August 2022 – R8 – Elen Nicholas

ID: RIB10728

Elen Nicholas - Apprentice Jockey

Mr J Oatham - Chief Stipendiary Steward

Mr G Jones and Hon W Gendall QC

Persons Present:
Mr Oatham, Miss Nicholas, Mr C Grylls (assisting Miss Nicholas), Mr M Davidson Stipendiary Steward

Information Number:

Decision Type:
Race Related Charge

Excessive Use of Whip

638(3)(g)(i) - Contravention whip rule


Animal Name:


Race Date:

Race Club:
Waikato Racing Club

Race Location:
Te Rapa Racecourse - Te Rapa Road, Hamilton, 3200

Race Number:

Hearing Date:

Hearing Location:
Te Rapa racecourse

Outcome: Proved

Penalty: Apprentice Jockey, Elen Nicholas fined $500


Following the running of Race 8, Information A14179 was lodged alleging the Respondent, Apprentice Rider Miss Nicholas, struck her mount, MAHOMES, six times prior to the 100-metre mark.

Miss Nicholas confirmed to the Adjudicative Committee that she admitted the breach. She was assisted at the hearing by Senior Rider, Mr C Grylls.

Rule 639(3)(g)(i) provides that a rider must not:

“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)

Using the available race films Stewards demonstrated that MAHOMES was racing outside the leader into the home straight.  From that point until just prior to the 100 metres Miss Nicholas struck her mount six times.

Miss Nicholas said that she agreed with the number of strikes and had nothing further to add.


As the Respondent admitted the breach the Adjudicative Committee finds the breach proved.

Submissions for Penalty:

Mr Oatham presented the Respondent’s record which indicated two previous breaches of this Rule within the last 6 months, namely on 21 May 2022 at Te Rapa and 12 March 2022 at Ellerslie.

A penalty in line with current Penalty Guidelines was recommended.

Reasons for Penalty:

The current Penalty Guidelines provide for a fine of $500 for a third breach in circumstances of 1 additional strike. The Adjudicative Committee found no reason to depart from this Guideline.


The Respondent Miss Nicholas is fined $500.


Decision Date: 27/08/2022

Publish Date: 28/08/2022