Waikato/BOP H 22 July 2021 – R9 – Todd Mitchell

EVIDENCE:

An Information was lodged following Race 9 alleging that Mr Mitchell ‘used his whip with more than a wrist only flicking motion early in the run home’.

Mr Mitchell was present at the hearing and acknowledged that he:

Understood the Rule and Regulations, and

He admitted the breach.

Rule 869(2) states : No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board’.

The Regulations ( 3.1. ) provide that ‘ A driver may only apply the whip in a wrist only flicking motion while holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder’.

SUBMISSIONS:

Mr Dooley identified the horse SLY PUNTER as the field entered the final straight. The horse was beginning the battle and it was apparent on the film that Mr Mitchell struck it with his whip several times in contravention of the Rule and Regulations. The strikes were not applied with any great force.

Mr Mitchell said that he had admitted the breach, however he felt his whip usage was only marginally outside the Regulations.

REASON FOR DECISION:

Mr Mitchell has admitted the breach therefore the charge is proved.

SUBMISSION FOR PENALTY:

Mr Dooley said that Mr Mitchell had been issued with two warnings over the use of his whip before this charge was laid. He said that the Penalty Guide provided for a fine of between $200-$400 and said that the Stewards believed the breach to be at the low end of the scale.

Mr Mitchell had nothing to add.

REASON FOR PENALTY:

Mr Mitchell has admitted the breach. The Adjudicator agrees that the breach is at the low end and therefore determines that a fine of $200, in line with other penalties imposed, would be appropriate.

CONCLUSIONS:

A fine of $200 was imposed on Mr Mitchell.