Waikato BOP H 24 December 2022 – R7 – Todd Mitchell

Summary of Facts:

Following the running of Race 7, the Respondent, Driver Todd Mitchell, admitted a breach of Rule 869(2) in that he used his whip in more than a wrist flicking motion when driving MILLIES SENSATION.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869 provides that:

(2) 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.

Regulation 3.1 reads as follow:

3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

Stipendiary Steward, Mr Dooley used available video footage to demonstrate the breach. He showed Mr Mitchell use his whip in more than a flicking motion on 6 occasions over the final stages.

Mr Mitchell elected to make no submissions regarding the offence.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Dooley produced the Respondent’s record which indicated a breach on 13 October 2022 where Mr Mitchell received a $200 fine for a first offence.

Mr Dooley stated that as this was Mr Mitchell’s second offence a 3-day suspension be considered as penalty.

Mr Mitchell made application that if a suspension is proposed, a 6-day deferment is sought to enable confirmed driving engagements at the Auckland meeting on 31 December 2022 to be met.

 Reasons For Penalty:

The Penalty Guide provides a 3 to 5 day suspension starting point for a second and subsequent breach of this Rule.

After consideration of the evidence from all parties concerned and viewing the Race films of the concluding stages of the Race the Adjudicative Committee assessed the breach as low level.

The Respondent sought a 6-day deferment to any proposed suspension which was granted.

Having considered all factors, the Adjudicative Committee determined that a 3-day suspension was an appropriate penalty in this case.

Conclusion:

The Respondent is granted a deferment and is suspended for a period of 3 days commencing end of racing 31 December 2022 up to and including concluding 7 January 2023. Meetings encompassed in this suspension are Wairarapa 2 January 2023, Kapiti Coast 4 January 2023 and Cambridge 7 January 2023.