Auckland TR 29 October 2025 – R8 (request for a ruling) – BERENHARD

Following the running of Race 8, TAB 1200, at Pukekohe Park, a Request for Ruling was lodged claiming Class B Rider, Tayla Mitchell, had failed to draw the proper weight for BERENHARD which had finished in 6th place.  The Ruling sought was a disqualification of that runner pursuant to Rule 648(3).  In addition, the Adjudicative Committee was requested to direct that Ms Mitchell’s riding fee be forfeited pursuant to Rule 357(2).

Rule 648(3) provides:

If, on being weighed in, a Rider cannot draw the proper weight (meaning thereby the weight allotted by the Handicapper for his horse to carry and adjusted only by any re-handicap, by having been declared overweight, by penalty or by authorised allowance) the Clerk of the Scales shall allow such rider 0.5 kg and if the allowance is not sufficient to enable the proper weight to be drawn then subject to sub-Rule (4) of this Rule then in addition to any other penalty which may be imposed the horse shall be disqualified for the Race.

Mr B Jones, Stipendiary Steward, provided evidence to the effect that Ms Mitchell had weighed in at 0.7 kgs under the weight she weighed out at.  This took into account her 1 kg Apprentice Rider’s allowance.  He drew the Adjudicative Committee’s attention to the strict liability attached to this particular breach, pointing out that it was not necessary for any intent by the Rider to be established.

Ms Mitchell, who was assisted by Mr N Harris, took no issue with the evidence of the weigh in results, but was at a loss to explain how this came about.  She could not understand how her weight changed to the extent demonstrated.  She said she had been endeavoring to be extremely vigilant since a similar breach on 10 October this year.  She hypothesized that possibly she had unknowingly carried extra weights in her hands at weigh out, but could not actually recall anything specific.

The Adjudicative Committee explained the strict liability attached to this breach and a discussion arose regarding the burden of proof changing to the Rider to prove on the balance of probabilities that there was a defence to the breach.  It was noted that Ms Mitchell was genuinely upset and remorseful and this Adjudicative Committee had some sympathy for her situation.

The Adjudicative Committee was satisfied on the balance of probabilities that Ms Mitchell had breached Rule 648(3) albeit unwittingly.

Accordingly, Ms Mitchell’s mount, BERENHARD, is disqualified.

Rule 357(2) provides:

(2) Where a horse is disqualified from a Race by reason of the fault or misconduct of the Rider, the applicable riding fee will not be payable provided however that if the Adjudicative Committee is satisfied the disqualification is due to inexperience or inadvertence, it may direct that the Rider be paid the applicable riding fee.

Because it was not possible to make any finding that Ms Mitchell was inexperienced or inadvertent, given she already knew the consequence of this breach and was unable to give any reliable or cogent evidence as to how the breach occurred, the Adjudicative Committee had no alternative other than direct the riding fee will not be paid.