Auckland TR 11 March 2023 – R1 – Tayla Mitchell
ID: RIB16936
Animal Name:
LINCOLN STAR
Code:
Thoroughbred
Race Date:
11/03/2023
Race Club:
Auckland Thoroughbred Racing
Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120
Race Number:
R1
Hearing Date:
11/03/2023
Hearing Location:
Pukekohe RC
Outcome: Proved
Penalty: Apprentice Jockey Tayla Mitchell is suspended 5 days and fined $250
Evidence:
Following the running of Race 1, the Ellerslie Event Centre 2100, the Respondent Apprentice Rider Ms Tayla Mitchell, admitted a charge alleging excessive whip use prior to the 100 metres.
Apprentice Mentor, Mr Noel Harris, was present at the hearing and assisted Ms Mitchell.
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-metres mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins).
Mr Oatham showed video replays of the concluding stages of the race from the straight entrance to the 100-metre mark. He pointed out LINCOLN STAR, ridden by Ms Mitchell who was racing on the extreme outside of the field. He then demonstrated that the Respondent struck her mount 7 times from to the 100-metre mark.
Ms Mitchell’s mount won the race by a nose.
Both Ms Mitchell and Mr Harris accepted the whip count of 7 strikes.
Decision
As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.
Submissions for Penalty
Mr Oatham advised the Adjudicative Committee that this is Ms Mitchell’s fourth breach of the Rule within the six-month reset period. These include:
15/10/22 at Hawkes Bay – 7 days and $400
01/11/22 at Auckland TR – 8 days
09/03/23 at Riccarton – $400
With regards to the first two previous breaches, they were on the back of a poor record prior to the reset.
Mr Oatham referred to the Penalty Guide which suggests a 5 plus day suspension for a fourth breach involving two additional strikes. He also advised that Ms Mitchell is due to commence a deferred suspension after today’s racing (11 March 2023), and concluding after racing on 18 March 2023.
In response, Mr Harris submitted that Apprentice School has not been operating for the past 3 months and Riders need to participate in a refresher course on whip use.
Reasons for Penalty
The NZTR Penalty Guidelines provide for a penalty of a 5 plus day suspension for a breach of this nature.
The Adjudicative Committee noted that the Respondent’s mount won the race by a narrow nose margin, albeit there is no suggestion that the breach provided the winner with an advantage. However, as a result of the win, Ms Mitchell’s share of the stake money was $1000, taking into account her Apprentice status. On that basis, a $250 uplift is applied to the 5-day starting point.
Conclusion
Ms Mitchell’s licence to ride in races is suspended from the conclusion of racing on 18 March 2023, until the conclusion of racing on 26 March 2023 (5 days). In addition, a fine of $250 is imposed.
Decision Date: 11/03/2023
Publish Date: 13/03/2023