Waikato TR 14 June 2025 – R2 – Nick Downs

INTRODUCTION:

Following the running of Race 2, the Fairview Motors Waikato Hurdle, the Respondent, Class D Rider Nick Downs, admitted a charge alleging that he used his whip with an action which raised his arm above shoulder height.

Rule 638(3)(f)(ii) provides:

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:

Stipendiary Steward Mr Dooley demonstrated the breach using available race films.  He identified MONT VENTOUX ridden by the Mr Downs.  He said that approaching the second last jump, Mr Downs struck his mount once after raising his arm above shoulder height. He said other strikes applied by Mr Downs were compliant.

In response, Mr Downs said that he was carefully counting the number of strikes he applied and then “asked his mount for a big jump at the second to last fence” and in doing so, he raised his whip above shoulder height.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Dooley said that the Respondent had a clear record under this Rule and the starting point penalty for a first breach was a $250 fine.  He pointed out that the breach occurred in a Prestige Jumping Race and suggested an uplift of no less than $100.

Mr Downs had nothing to add concerning penalty.

REASONS FOR PENALTY:

The Penalty Guidelines provide for a starting point fine of $250 for breaches of Rule 638(3)(f)(ii).

It was noted that the one strike above shoulder height was not particularly forceful, but the optics of applying the whip in such a manner is not a good look and can create an impression of undue force being used.

The Adjudicative Committee adopted the $250 starting point and applied a $75 uplift to reflect the status of the race. There are no other factors to take into account.

CONCLUSION:

The Respondent, Mr Downs, is fined $325.