Waikato BOP H 30 September 2021 – R2 – Todd Mitchell

ID: RIB5007

Respondent(s):
Todd Mitchell - Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr A Godsalve

Persons Present:
Mr Mulcay, Mr Mitchell

Information Number:
A16262

Decision Type:
Adjudicative Decision

Charge:
Breaching Whip Regulations

Rule(s):
869(2) - Whip Regulations

Plea:
Admitted

Animal Name:
WATCH AND LEARN

Code:
Harness

Race Date:
30/09/2021

Race Club:
Waikato BOP Harness Racing Inc

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

Race Number:
R2

Hearing Date:
30/09/2021

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Driver Todd Mitchell was suspended for 2 days.

SUMMARY OF FACTS:

After Race 2, Mr Mitchell faced an allegation in that he ‘used his whip with more than a wrist only flicking motion in the home straight’.

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

EVIDENCE:

Mr Mulcay identified the horse WATCH AND LEARN as the field entered the home straight. The horse had been leading but was being challenged. Mr Mulcay pointed out that Mr Mitchell had struck the horse several times with his arm raised above his shoulder. The strikes were not particuarly forceful. WATCH AND LEARN finished second.

Mr Mitchell said that while he had admitted the breach he was having trouble accepting that his whip use was outside the Guidelines.

REASON FOR DECISION:

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

SUBMISSION FOR PENALTY:

Mr Mulcay said that Mr Mitchell had been fined $200 in July 2021 and therefore faced a suspension for this breach.

REASON FOR PENALTY:

The Committee considered that a 2 day suspension of Mr Mitchell’s Licence was appropriate.

CONCLUSIONS:

Mr Mitchell had previously been suspended from driving in races for a one day suspension, being 1 October (not whip related).

The Committee therefore suspended his Licence to drive from after racing on 1 October until after racing on 14 October – 2 days.

The meetings involved in this suspension are: Auckland – 8 October, Cambridge – 14 October 2021.

Decision Date: 30/09/2021

Publish Date: 04/10/2021