Cambridge JC 31 May 2023 – R2 – Tayla Mitchell

ID: RIB22521

Respondent(s):
Tayla Mitchell - Apprentice Jockey

Applicant:
Mrs Selvakumaran (Stipendiary Steward)

Adjudicators:
G Jones (Chair) and M Godber

Persons Present:
Mrs Selvakumaran, Mr Dooley, Ms Mitchell, Mr N Harris, Miss T Macdonald

Information Number:
A16243

Decision Type:
Race Related Charge

Charge:
Failure to take all reasonable or permissible measures

Rule(s):
636(1)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
DEEP BEAUTY

Code:
Thoroughbred

Race Date:
31/05/2023

Race Club:
Cambridge Jockey Club

Race Location:
Cambridge Jockey Club - 40 Racecourse Road, Cambridge, 4210

Race Number:
R2

Hearing Date:
31/05/2023

Hearing Location:
Cambridge JC

Outcome: Proved

Penalty: Apprentice Jockey Tayla Mitchell - suspended 11 days

Evidence

Following the running of Race 2, Stipendiary Steward Mrs Selvakumaran filed an Information alleging Apprentice Rider Miss T Mitchell breached Rule 636(1)(b).  The Information provided that Ms Mitchell (DEEP BEAUTY) failed to take all reasonable and permissible measures to obtain the best possible placing over the final 150 metres.

Miss Mitchell admitted the breach and she was supported at the hearing by Northern Rider Mentor Mr N Harris and her Employer Miss T Macdonald.

Rule 636(1)(b) provides that a Rider “…… must take all reasonable and permissible measures throughout the race to ensure his [or her] horse is given full opportunity to win the race or to obtain the best possible finishing place”.

Stipendiary Steward Mr Dooley demonstrated the breach using available films.  He identified DEEP BEAUTY (T Mitchell) racing on the fence near the near of the field approaching the home straight.  He said that Stewards were only concerned about the manner in which Miss Mitchell rode her mount out over the concluding 150 metres.  Mr Dooley pointed out that there was a run available for Miss Mitchell and she was cautious and showed indecision in taking that run.  He said eventually she shifted out behind CARAVELLA and ran up close to the heels of that runner, whereas she should have taken the run that was available to the inside of CARAVELLA.

Mr Dooley added that DEEP BEAUTY was vet checked after the race and no abnormalities were found.

In response, Miss Mitchell said that nearing the 400 metres, she had to make a choice between going wide or staying on the rails.  She was thinking about following INVINCIBEEL (O Bosson) or JIMMY DEAN (M McNab), but elected to stay on the rails and when a run did become available, she accepted that she was indecisive.

Mr Harris said that the breach was misjudgment on Miss Mitchell’s part.  She rode for luck, and he added that the races were being run in fast times due to the track conditions. He felt her decision to go to the inside was the correct one.

Decision

The charge is admitted and is therefore proved.

Penalty Submissions

Mrs Selvakumaran submitted that Miss Mitchell has a clear record under the Rule.  She said that Miss Mitchell should be given credit for admitting the breach at the first available opportunity.

Miss Mitchell has had 420 rides over the past 12 months.

Mrs Selvakumaran submitted that Stewards only take issue with Miss Mitchell’s ride over the final 150 metres of the race. She said that DEEP BEAUTY finished 7th, 12 lengths from the winner. She said that the Penalty Guide provides for a 6-week suspension for a breach of this Rule, and that Stewards assessed the breach in the medium range.  She pointed out that previous breaches have resulted in penalties ranging from 2 to 6 weeks, and a suspension of between 3 and 4 weeks was sought in this case.

Miss Mitchell requested a deferment to any proposed suspension until after racing on 3 June 2023.  In terms of penalty, she submitted that she made a split-second decision and that she should have shown more vigour, but was indecisive because the horse in front of her commenced to come back on her.

Mr Harris said that leniency is sought due to Miss Mitchell’s good record; there was no intent, and she simply misjudged the situation.  He submitted that she is the leading Apprentice and has a chance to win the Apprentice Riders Premiership.

Miss Mitchell’s employer, Miss T Macdonald said that gaps close in split seconds.  She pointed out that the second favourite, who took the option to go wider rounding the final bend, finished behind DEEP BEAUTY.

Reasons for Penalty

The Penalty Guide provides for a 6-week suspension.  After considering submissions and viewing the race films, the Adjudicative Committee assessed the breach to be slightly above low end and adopted 3 weeks as the starting point.

DEEP BEAUTY, the race favourite, finished in 7th place more than 12 lengths from the race winner, 1.5 lengths from 4th place, and 5 lengths from 3rd.   The Adjudicative Committee believes, that had she made a greater effort to take the run that was clearly available to her, DEEP BEAUTY may have finished in a better position than 7th place – and at best, had she used more vigour, she could have finished in at least 4th or 5th place.

Miss Mitchell has been race riding for more than a year and in the past 12 months, she has had 420 race rides with some success.  However, she is still an inexperienced Apprentice Rider, and it was evident to the Adjudicative Committee after reviewing the films, that this breach was the result of her inexperience, poor tactical decision making and indecisiveness. The Adjudicative Committee understands that Stewards quite rightly examined her ride, particularly around decisions she made nearing the 400 metres, and determined that her tactics were reasonable and permissible until the final 150 metres.

There has been a limited number of breaches of this Rule over the past 4 or 5 years – 9 breaches in all since 2019.  Two of the cases identified, relate to a Jumps and an Amateur Rider who each received 3 ½ and 5 weeks respectively, but those penalties were more a reflection of the fact that they had limited race riding opportunities, and the length of their suspensions was necessary to ensure they were banned from riding for at least 3 race meetings.  Another Rider, W Pinn was suspended for 6 weeks, but that was his third breach of the Rule within a 5-month period.  The Adjudicative Committee has identified more comparable lower end precedent cases which have resulted in penalties ranging from 9 days to 2 weeks – for example: W Pinn, his first breach – received 9 days on 21/01/23 and K Asano – 2 weeks on 20/03/22.

Whether a Rider is on the favourite or in with a chance of winning the Premiership, has no bearing on the Adjudicative Committee’s decision making. That is the situation in this case.

After evaluating the circumstances, the application of credit for Miss Mitchell’s good record under the Rule and her admission, the Adjudicative Committee determined an 11-day suspension to be an appropriate penalty.

The Adjudicative Committee grants Miss Mitchell a deferment until after racing on 3 June 2023.

Conclusion

Apprentice Rider Miss Mitchell’s License to ride in races is suspended for 11 days, commencing after racing on 3 June and concluding after racing on 17 June 2023.

Decision Date: 31/05/2023

Publish Date: 01/06/2023