Wellington RC 13 July 2024 – R2 – Nick Downs

ID: RIB44373

Respondent(s):
Nicholas Harleigh Downs - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Hon J W Gendall KC (Chair), Mrs N Moffatt

Persons Present:
Mr J Oatham, Mr N Goodwin, Mr N Downs

Information Number:
A17464

Decision Type:
Race Related Charge

Charge:
Careless Riding

Rule(s):
638(1)(d) - Riding/driving infringement

Plea:
Admitted

Animal Name:
ZAC FLASH

Code:
Thoroughbred

Race Date:
13/07/2024

Race Club:
Wellington Racing Club

Race Location:
Trentham - 10 Racecourse Rd, Upper Hutt, 5018

Race Number:
R2

Hearing Date:
13/07/2024

Hearing Location:
Trentham

Outcome: Proved

Penalty: Jockey Nicholas Downs is suspended for 2 Jumps Days

Evidence:

Following the running of Race 2, the “JENNIAN HOMES MAIDEN HURDLE”, Mr Oatham presented an Information charging Mr Downs with careless riding in breach of Rule 638(1)(d).

The charge alleged that Mr Downs, the Rider of “ZAC FLASH”, allowed his mount to shift inwards near the 1000 metre mark when insufficiently clear of a horse on his inside, resulting in tightening to 4 inside horses and causing “ZEEFA ZED” to be checked.

Mr Downs admitted the charge.

Mr Goodwin referred to the race films which depicted “ZAC FLASH” on the outside of 4 runners, “HEY HEY HEY”, “CHOLULA”, “DAL KILCHOAN” and “ZEEFA ZED” as the field entered the bend near the 1000 metre mark. Mr Downs allowed “ZAC FLASH” to angle inwards, causing tightening to the inside horses as he was insufficiently clear of “HEY HEY HEY”.  Consequently, inconvenience resulted to the other horses when ZEEFA ZED, on the inside rail, having to be checked so as to lose about 5 lengths.

“ZEEFA ZED” recovered to finish 2nd, a very close nose from the eventual winner.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Oatham advised that Mr Downs had a clear record as a Jumps and High Weight Rider over the past 12 months, having had 75 rides during that period.  He expressed the opinion that the carelessness was mid range, as it interfered with 3 runners and impeded the firm favourite, “ZEEFA ZED”.

Mr Downs accepted that he had “made a mistake in coming across too soon” and said that he had rides at the Grand National Meeting in Christchurch in major races, on 3 and 10 August 2024.

Reasons for Penalty:

The Adjudicative Committee agrees that the level of carelessness was midrange.  From a starting point of a suspension for 2 days (Jumps Racing), an aggravating feature is the severe check to “ZEEFA ZED”, the warm favourite.  An uplift of 1 day would follow, but the mitigating factor of Mr Down’s excellent record is a deserved balancing factor, of 1 day.

Conclusion:

Accordingly, Mr Downs’ Licence to ride was suspended for 2 days of Jumps/Highweight Meetings, namely Waverley on 28 July 2024 and Canterbury on 3 August 2024.  The suspension commences at the conclusion of racing today, 13 July 2024 and ends at the conclusion of racing on 3 August 2024.

Decision Date: 13/07/2024

Publish Date: 16/07/2024