Auckland TR 17 May 2025 – R5 – Tayla Mitchell

Background

Following the running of Race 5, 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 Class A Rider Ms C Barnes.

The Information alleged that Ms Mitchell struck her mount SABIK 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, Stipendiary Steward Mr Dooley identified SABIK, ridden by Ms Mitchell, racing on the fence in, or near the lead, in the run up the home straight.  He demonstrated that Ms Mitchell struck her mount 8 times, from the straight entrance to the 100-metre mark. SABIK finished in third place.

Ms Mitchell agreed with the number of strikes and had nothing further to add.

Decision

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

Submissions for Penalty

Mr Dooley advised that this is Ms Mitchell’s fifth breach of the Whip Rule within the (6 month) period. Previous breaches include:

23/11/24 – 6 day suspension (due to reset in 6 days)

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

01/01/25 – 8 day suspension

13/04/25 – 6 day suspension

Three of the above breaches occurred in Black Type Races.

Mr Dooley submitted that for a fifth breach, the Penalty Guide provides a starting point penalty of a 5 plus day suspension and recommended that a suspension of 7 days be imposed.

Ms Mitchell sought a deferment to any proposed suspension, until after racing on 25 May 2028.  She had nothing to add in terms of any proposed penalty.

Reasons for Penalty

The Penalty Guide starting point for a breach of this nature is a 5-plus day suspension.  This is now Ms Mitchell’s fifth whip breach within the 6 month reset period.  During her previous breach, on 13 April 2025, the Adjudicative Committee sought advice as to whether Ms Mitchell would derive any benefit from referral to the Riders Skills Panel, due to her poor whip record.  At that time, the Adjudicative Committee was told that Ms Mitchell would continue to work on her whip use with Mr Harris (Northern Rider Mentor).  It is 2 weeks since Ms Mitchell resumed race riding from her previous whip breach suspension.  She advised the Adjudicative Committee that she has not yet sought the assistance of Mr Harris.

Therefore, in view of Ms Mitchell’s poor record, a 2 day uplift is applied to the 5 plus day starting point.  There are no other aggravating or mitigating factors to consider, and on that basis, a 7 day suspension is imposed.

The Adjudicative Committee reiterates previous advice given, that Ms Mitchell should be referred to the Rider Skills Panel, because in the absence of a ‘circuit breaker’, she is at risk of continuing to offend.

As it transpired, Ms Mitchell reoffended (8 strikes) in Race 8 and incurred a further 8 day suspension.

Conclusion

Ms Mitchell’s request for a deferment is granted and her Licence to ride in races is suspended for 8 days, commencing after racing on 25 May 2025 and concluding after racing on 5 June 2025.