Auckland TR 1 January 2025 – R9 – Tayla Mitchell

Background

Following the running of Race 9, the Group 3 Queen Elizabeth II Cup, the Respondent, Apprentice Rider Ms Tayla Mitchell, admitted a charge alleging excessive whip use prior to the 100 metres.

Ms Mitchell was assisted at the hearing by Ms T MacDonald.

The Information alleged that Ms Mitchell struck her mount BLUE SKY AT NIGHT 8 times prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) 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);

Evidence

Using the available race films, Chief Stipendiary Steward Mr J Oatham identified BLUE SKY AT NIGHT ridden by Ms Mitchell, racing at the back of the field at the turn into the home straight.  He demonstrated that Ms Mitchell struck her mount 8 times from the straight entrance to the 100-metre mark.

Mr Oatham advised that BLUE SKY AT NIGHT ran tenth in the race.

Ms Mitchell agreed with the number of strikes.

Decision

As Ms Mitchell admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mr Oatham advised that Ms Mitchell has had four previous breaches of the Whip Rule; namely:

06/07/24 – 7 day suspension

13/07/24 – 3 day suspension

30/11/24 – 6 day suspension

14/12/24 – 4 day suspension plus a $1,000 fine

Mr Oatham submitted that for a fifth breach, the Penalty Guide provides a starting point penalty of a 5 plus day suspension. Ms Mitchell has had 141 rides in the past 6 months and with this her fifth breach, her record under this Rule was poor. He recommended a 2 to 3 day uplift, given this was a Group 3 Race and her poor record.

Being a Group 3 Race, there is also the provision for a fine of 50% of the Rider’s share of the stake. However, Mr Oatham advised as the horse was unplaced, the stake money amounted to $3,750. In this case, Ms Mitchell’s share of the stake amounted to $187, but as an Apprentice Rider, her employer receives 50% of that amount.  Thus, Ms Mitchell’s actual share is $93, with 50% of that amount being $47.  In the circumstances, Mr Oatham considered a fine was not appropriate.

After consulting with Ms MacDonald, Ms Mitchell advised that she would seek a deferment, with the penalty to commence after meeting her commitments to ride at Ruakaka on 7 January 2025.

Reasons for Penalty

The Penalty Guide starting point for a breach of this nature is a 5 plus day suspension. In addition, being a Group 3 Race, a fine being 50% of a Rider’s share of the stake.

In terms of the suspension, an uplift was considered necessary, in view of the status of the race (Group 3), and the poor record of Ms Mitchell. It was also noted that the horse was well out of contention.

This is Ms Mitchell’s fifth breach in 6 months and third in the past 5 weeks. Each of the last three breaches have been in Group Races. There were no mitigating factors. After considering the aggravating factors, the Adjudicative Committee considered an uplift of 3 days from the starting point of 5, was required.

There is a general intent within the Penalty Guide relating to Apprentices providing for “Concessions may be considered with respect to fines imposed on Apprentice Jockeys”. The Adjudicative Committee believes that this is a sensible approach. In this case, 50% of Ms Mitchell’s actual share of the stake amounts to $47. The Adjudicative Committee therefore, determined not to impose any fine.

Accordingly, after considering all the circumstances of the breach and the submissions, an 8 day suspension is imposed.

Conclusion

Ms Mitchell’s Licence to ride in races is suspended for 8 days, commencing after racing on 7 January 2025 and concluding after racing on Sunday 19 January 2025.