Waikato BOP H 13 October 2022 – R8 – Todd Mitchell

ID: RIB11597

Respondent(s):
Todd Mitchell - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Hon J W Gendall KC

Persons Present:
Mr Mulcay, Mr Mitchell

Information Number:
A16162

Decision Type:
Race Related Charge

Charge:
Used whip with more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
MR INCREDIBLE

Code:
Harness

Race Date:
13/10/2022

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R8

Hearing Date:
13/10/2022

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver Todd Mitchell was fined $200

Evidence:

Following the running of Race 8, the “DOWNBYTHESEASIDE MAKING A SPLASH MOBILE PACE”, Mr Mulcay presented an Information charging Mr Mitchell, the Driver of “MR INCREDIBLE” with a breach of Rule 869(2) in that he used his whip with more than a wrist flicking motion in the home straight.

Rule 869(2) provides: that a Driver shall not use a whip in a manner in contravention of the NZ Harness Racing Whip Regulations which include in 3.1 that:

“A Driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder”.

The race film showed that whilst leading the field upon turning into the straight, Mr Mitchell used his whip several times more than a flicking motion for about 50 metres.  His mount finished 2nd.  He corrected his manner of driving eventually in the run home.

Mr Mitchell accepted that he had erred and that he expected to be fined.

Decision:

As the breach was admitted, it was deemed proved.

Submissions for Penalty:

Mr Mulcay was of the opinion that this was a low grade breach of the Rule; Mr Mitchell had a very good record and a fine at the lower end of the Penalty Guidelines was appropriate.

Reasons for Penalty:

In keeping with the submissions of Mr Mulcay, the Adjudicative Committee deemed a fine was appropriate on this occasion.

Conclusion:

Accordingly, Mr Mitchell was fined $200.

Decision Date: 13/10/2022

Publish Date: 17/10/2022