Auckland TR 11 March 2023 – R3 – Tayla Mitchell
ID: RIB16938
Animal Name:
SAVONOSKI
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:
R3
Hearing Date:
11/03/2023
Hearing Location:
Pukekohe RC
Outcome: Proved
Penalty: Apprentice Jockey Tayla Mitchell is suspended 6 national days and fined $300
Evidence:
Following the running of Race 3, 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 SAVONOSKI, ridden by Ms Mitchell. He then demonstrated that the Respondent struck her mount 6 times from the 100-metre mark.
Both Ms Mitchell and Mr Harris accepted the whip count of 6 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
11/03/23 at Auckland TR – 5 days and $250
Mr Oatham referred to the Penalty Guide which suggests a 5 plus day suspension for a fifth breach involving one additional strike. 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 addition, she has also incurred a 5-day suspension today which concludes after racing on 26 March 2023.
Mr Oatham said that Ms Mitchell’s mount won the race, worth $70k, by a nose. He submitted these should be treated as aggravating factors.
Mr Harris submitted that from his perspective, as the Rider mentor, the breach is disappointing. He said that Ms Mitchell is a promising Apprentice Rider, and a lengthy suspension could cost her the opportunity to win the Apprentice Premiership.
Reasons for Penalty
The NZTR Penalty Guidelines provide for a penalty of a 5 plus day suspension for a breach of this nature.
The Respondent’s mount won the race, which had a stake of $70k, by a nose. Ms Mitchell’s share of the stake money was $1000, taking into account her Apprentice status. On that basis, a 1-day suspension uplift is applied to the 5-day starting point, plus a fine of $300 is imposed.
Conclusion
Ms Mitchell’s licence to ride in races is suspended from the conclusion of racing on 26 March 2023, until the conclusion of racing on 8 April 2023 (6 days). In addition, a fine of $300 is imposed.
Note: the suspension commencement date arises from the fact that Ms Mitchell commences two separate suspensions which conclude after racing on 26 March 2023.
Decision Date: 11/03/2023
Publish Date: 13/03/2023