Riccarton Park – Amberley 9 March 2023 – R7 – Tayla Mitchell

ID: RIB16873

Respondent(s):
Tayla Mitchell - Apprentice Jockey

Applicant:
Mark Davidson, Stipendiary Steward

Adjudicators:
Russell McKenzie

Persons Present:
The Applicant, the Respondent and David Walsh, Apprentice Jockey Mentor

Information Number:
A21210

Decision Type:
Race Related Charge

Charge:
Using whip more than 5 times prior to 100 metres

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
The Buffer

Code:
Thoroughbred

Race Date:
09/03/2023

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R7

Hearing Date:
09/03/2023

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Apprentice Jockey, Tayla Mitchell, fined $500

BACKGROUND:

Following the running of Race 7, Coupland’s Bakeries Open Handicap, the Respondent, Apprentice Jockey, Tayla Mitchell, admitted  a charge that, as the Rider of THE BUFFER in the Race, she struck her mount 6 times prior to the 100  metres.

Rule 638(3) provides:

(g)     Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), 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.

The Respondent was assisted at the hearing by Apprentice Jockey Mentor, David Walsh.

EVIDENCE:

Stipendiary Steward, Mark Davidson, showed a video replay of the final 300 metres of the race. He pointed out THE BUFFER, ridden by the Respondent, in the lead as the field turned into the home straight. Shortly thereafter, the Respondent commenced using her whip and used it on a total of 6 times from that point to the 100 metres, he said.

The Respondent said that she tried to not commence her whip use too early in the run home, to avoid exceeding the 5 strikes. She also confirmed that she normally counts.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson said that the Respondent had two breaches in the last 6 months on her record, both incurring suspensions – on 15 October 2022 at Hawkes Bay (7 days and fined $400 for 6 strikes) and at Auckland on 1 November 2022 (8 days, 6 strikes). Those penalties reflected a poor record at that time. She has a clear record in the last 4 months, Mr Davidson said. The Penalty Guide starting point for the breach is a $500 fine. The only aggravating factor is that the Respondent won the race, Mr Davidson said. He left it to the Adjudicative Committee as to whether a small uplift was appropriate.

The Respondent said she is really trying to improve her whip use, and submitted that her record shows that she is improving. Mr Walsh said it is to her credit that she has ridden 51 winners in 12 months of riding. She has to keep working on it, he said.

REASONS FOR PENALTY:

The Adjudicative Committee noted the starting point in the RIB Thoroughbred Racing Penalty Guide (February 2023) for a 3rd offence involving 1 additional strike – a fine of $500. The Adjudicative Committee decided, on balance, that an uplift of the starting point for the possible aggravating factor referred to by Mr Davidson was not warranted. The strikes were well spaced and not delivered with any great force. Furthermore, the whip use in the final 100 metres was minimal.  The Adjudicative Committee was not satisfied that any advantage had been gained. There were no relevant mitigating factors.

CONCLUSION:

The Respondent, Apprentice Jockey Tayla Mitchell, is fined $500.

Decision Date: 09/03/2023

Publish Date: 13/03/2023