Auckland TR 23 November 2024 – R8 – Tayla Mitchell
ID: RIB48744
Animal Name:
OUTOVSTOCK
Code:
Thoroughbred
Race Date:
23/11/2024
Race Club:
Auckland Thoroughbred Racing
Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120
Race Number:
R8
Hearing Date:
23/11/2024
Hearing Location:
Pukekohe
Outcome: Proved
Penalty: Apprentice Rider Tayla Michell is suspended for 6 days
Evidence
Following the running of Race 8, the Group 3 TAB Counties 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 Senior Rider Mr J Doyle.
The Information alleged that Ms Mitchell struck her mount OUTOVSTOCK 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); or
Using the available race films, Mr Jones identified OUTOVSTOCK ridden by Ms Mitchell, racing adjacent to the running rail 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.
Ms Mitchell agreed with the number of strikes, advising that the films are quite clear.
In support, Mr Doyle pointed out that Ms Mitchell’s total number of strikes was 10, comprising of 8 prior to the 100 metres and a further 2 in the final 100 metres. He added that the breach was a timing issue on Ms Mitchell’s part, as she misjudged the 100 metres marker.
Decision
As Ms Mitchell admitted the breach, the Adjudicative Committee finds the breach proved.
Submissions for Penalty
Mr Jones advised that Ms Mitchell has had two previous breaches of the Whip Rule; namely:
25/05/24 – $500 fine
06/07/24 – 7 day suspension
Mr Jones said that the first of her previous breaches expires in two days and she is unlucky to have been captured by the 6-month reset requirement. He submitted that the Penalty Guide provides for a 5 plus day suspension. He also submitted that the breach incurred in a Group 3 Race and for finishing in 9th place, her share of the stake money was $63.
Ms Mitchell sought a deferment to any proposed suspension until after racing on 27 November 2024. She had nothing further to add.
Reasons for Penalty
The Penalty Guide starting point for a breach of this nature is a 5 plus day suspension. The Adjudicative Committee noted that although this breach is categorised as being Ms Mitchell’s third within the 6 month reset period, the first of her previous two breaches resets in two days and a 5 day starting point was adopted. However, due to the breach having occurred in a Group 3 Race, a 1-day uplift was applied to the starting point. Given that Ms Mitchell’s share of the stake money was $63, the fine equal to that amount was waived.
Accordingly, after considering the circumstances of the breach and the submissions, a 6-day suspension is imposed.
Conclusion
Ms Mitchell’s Licence to ride in races is suspended for 6 days, commencing after racing on 27 November 2024 and concluding after racing on 5 December 2024 (28/11- 5/12 inclusive).
Decision Date: 23/11/2024
Publish Date: 24/11/2024