Waikato BOP H 3 September 2021 – R4 (heard 23 September 2021 at Cambridge) – Todd Mitchell

SUMMARY OF FACTS:

Note: This matter was heard at Cambridge on 23 September 2021, prior to the running of Race 1. Mr Mitchell had originally indicated he wished to defend this charge, however part way through the hearing asked the Committee for permission to alter this to an ‘admitted’ breach.

The Information alleged that Mr Mitchell drove carelessly causing interference near the 400m mark when shifting ground outwards which resulted in SWELL TIME (Mr K Marshall) being forced out onto ‘BE MY ROSE’ (Mr P Fergusson) which was checked and broke losing its chance.

EVIDENCE:

Mr Mulcay identified the horses involved on the film. Mr Mitchell was trailing in the 1×1 position and near the 400m he angled his drive outwards. In doing so he forced SWELL TIME out towards BE MY ROSE which was checked and broke. In his defence Mr Mulcay said that Mr Mitchell probably was unaware that Mr Butcher, driving ‘OBSESSION’  was making a run outside BE MY ROSE which made that horse’s position such that it was unable to move out itself.

Mr Mitchell had nothing to add.

REASON FOR DECISION:

Mr Mitchell has admitted the breach, therefore it is proved.

SUBMISSION FOR PENALTY:

Mr Mulcay said that Mr Mitchell had a clear and exemplary record under this Rule and felt that it could be dealt with by way of a suspension and a fine. He said Mr Mitchell had satisfied the Stewards that he had intended to drive at Addington on 1 October, driving a Cambridge horse and would probably attract more drives.

REASON FOR PENALTY:

The Committee accepted that a fine and suspension was appropriate. The starting point is a fine of $500 and/or a 10 drive suspension. Mr Mitchell has been a busy Driver of late averaging 8 drives on a full night of racing. The Committee grants Mr Mitchell a deferment allowing him to drive at Cambridge on 30 September. The one day suspension will encompass the meeting at Addington on 1 October which the Committee accepts Mr Mitchell had intended driving at.

CONCLUSIONS:

Mr Mitchell is suspended from driving from the conclusion of racing on 30 September until the conclusion of racing on 1 October -1 day. In addition a fine of $400 is imposed.