Hawkes Bay RI 15 October 2022 – R4 – Tayla Mitchell
ID: RIB11529
Animal Name:
SHE'S MISS GEVIOUS
Code:
Thoroughbred
Race Date:
15/10/2022
Race Club:
Hawkes Bay Race Club
Race Location:
Hastings Racecourse - 200 Prospect Road, Hastings, 4122
Race Number:
R4
Hearing Date:
15/10/2022
Hearing Location:
Hastings Racecourse
Outcome: Proved
Penalty: Apprentice Jockey Tayla Mitchell - 7 day suspension + $400 fine
Evidence
Following the running of Race 4, the Respondent Ms T Mitchell admitted a charge alleging excessive whip use 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);
Using the available race films, Mr Oatham demonstrated that Ms Mitchell struck her mount 6 times from the straight entrance to the 100-metre mark, going on to win the race by a margin of a long neck.
Ms Mitchell agreed with the number of strikes as counted by the Stewards, and was assisted at the hearing by her employer Mrs T McDonald.
Decision
As Ms Mitchell admitted the breach the Adjudicative Committee finds the breach proved.
Submissions For Penalty
Mr Oatham produced Ms Mitchell’s record which showed five previous breaches in the last 6 months:
25/5/22 (7 strikes)Â $250
28/5/22 (6 strikes)Â Â $250
7/7/22Â (6 strikes)Â Â $500
7/7/22 (8 strikes)Â 6 day suspension
9/7/22 (6 strikes) 7 day suspension
Mr Oatham said that the previous breaches had all occurred quite close together and it had been 3 months since her last breach. He submitted a penalty commensurate with the NZTR Penalty Guide for excessive whip use, and also consideration be given to a fine due to her winning the race.
Ms Mitchell asked the Adjudicative Committee to consider increasing the fine and reducing the number of days suspension. Mrs McDonald said Ms Mitchell had been working hard on getting her whip use right and reiterated that it had been 3 months since her last breach. She also said that she was generally only 1 strike over. In case of suspension Ms Mitchell advised of riding commitments through until Wednesday October 19th at Tauranga.
Reasons For Penalty
The Penalty Guide starting point for a 6th breach of this nature is set out below.
Whip – For breaches of Rule 638(3)(g)(i), 5 times prior to the 100m mark:
| Offence | 1 additional strike | 2 additional strikes | 3 additional strikes | 4 or more additional strikes |
| 1st | Warning | $250 | $500 | Suspension 5 National Days |
| 2nd | $250 | $500 | Suspension 5 National Days | Suspension 5+ National Days |
| 3rd | $500 | Suspension 5 National Days | Suspension 5+ National Days | Suspension 5+ National Days |
| 4th | $500 + Suspension 2 National Days | Suspension 5+ National Days | Suspension 5+ National Days | Suspension 5+ National Days |
| 5th and following | Suspension 5+ National Days | Suspension 5+ National Days | Suspension 5+ National Days | Suspension 5+ National Days |
Ms Mitchell has a poor record under the Whip Rule. The Adjudicative Committee has taken note of recent signs of improvement, however due to her record, did not think it appropriate to reduce the number of days suspension and replace them with a fine. After considering the film evidence of being 1 strike over the permitted 5, and the submissions, the Adjudicative Committee determined a 7-day suspension to be appropriate. In addition there is a $400 monetary penalty to reflect the fact she won the race.
Ms Mitchell’s request for a deferment is granted.
Conclusion
Ms Mitchell’s licence to ride in races is suspended for 7 days from close of racing on Wednesday October 19th until close of racing on Friday October 28th, 2022.
Decision Date: 15/10/2022
Publish Date: 17/10/2022