Waikato BOP H 3 September 2021 – R4 (heard 23 September 2021 at Cambridge) – Todd Mitchell

ID: RIB4866

Respondent(s):
Todd Mitchell - Driver

Applicant:
Mr S Mulcay-Stipendiary Steward

Adjudicators:
Mr A Godsalve

Persons Present:
Mr Mitchell, Mr Mulcay

Information Number:
A16255

Decision Type:
Adjudicative Decision

Charge:
Misconduct

Rule(s):
303(2)

Plea:
Admitted

Animal Name:
N/a

Code:
Harness

Race Date:
03/09/2021

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R4

Hearing Date:
23/09/2021

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Driver Todd Mitchell was fined $200

SUMMARY OF FACTS:

This matter was heard prior to racing commencing at Cambridge on 23 September 2021.

After the final race on 3 September 2021 at Cambridge, Mr Mitchell was called to the Stipendiary Stewards’ room in respect of an incident earlier (in Race 4) which the Stewards wished to question him about. The Information alleges that Mr Mitchell failed to comply with a request of a Stipendiary Steward by leaving the enquiry room.

Mr Mitchell was present at this hearing and acknowledged that he admitted the breach.

The Rule states “No person or body who holds a permit or licence under these Rules and no owner, trainer or breeder, stablehand, unlicensed apprentice or racing manager shall misconduct himself or fail to comply with any request, direction, or instruction of any Stipendiary Steward, Racing Investigator or Starter”.

EVIDENCE:

Mr Mulcay said he had requested that Mr Mitchell present himself at the Stewards’ room following the final race. He said that when Mr Mitchell arrived he was agitated which was out of character. Mr Mulcay said that he was aware that because of Covid implications Mr Mitchell was looking after a number of horses for Auckland stables, and had driven in 8 out of 9 races. He said that when he started to question Mr Mitchell about an incident in Race 4, Mr Mitchell decided to leave the room. Mr Mulcay said he asked Mr Mitchell twice to stay, however he failed to comply.

Mr Mitchell said he wished to apologise to Mr Mulcay. He said that he had been told by another Driver that he was going to be charged with a driving offence when he had not been interviewed and was annoyed about that.

REASON FOR DECISION:

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

SUBMISSION FOR PENALTY:

Mr Mulcay referred to a previous penalty imposed on Driver ‘D’ in circumstances which were more serious than this. That Driver had been fined $400. He said that he believed this incident did not rate that highly in his opinion.

REASON FOR PENALTY:

The Committee accepted that there were extenuating circumstances involved in Mr Mitchells’ breach of this Rule. He has expressed remorse and apologised, and the Committee believes that the mitigating circumstances should result in a lesser fine than the one referred to which the Committee was aware of.

CONCLUSIONS:

The Committee imposed a fine of $200.

Decision Date: 23/09/2021

Publish Date: 27/09/2021