Waikato TR 14 December 2024 – R8 – Tayla Mitchell

Evidence

Following the running of Race 8, the Group 3 SkyCity Hamilton Waikato Cup, the Respondent Apprentice Rider Ms Tayla Mitchell, admitted a charge alleging excessive whip use prior to the 100 metres.

Ms Mitchell was assisted at the hearing by Ms T MacDonald.

The Information alleged that Ms Mitchell struck her mount BLUE SKY AT NIGHT 6  times prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race 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);

Using the available race films, Chief Stipendiary Steward Mr Oatham identified BLUE SKY AT NIGHT ridden by Ms Mitchell, racing centre track in the run up the home straight.  He demonstrated that Ms Mitchell struck her mount 6 times from the straight entrance to the 100-metre mark. He also pointed out that she struck her mount a further 5 times between the 100 metres and the finish. The last strike, a stride before the finish.

Mr Oatham advised that BLUE SKY AT NIGHT won the race by a half head.

Ms Mitchell agreed with the number of strikes, advising that it was only one strike over and that it was a tight finish, and she got excited.

Decision

As Ms Mitchell admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mr Oatham advised that Ms Mitchell has had three previous breaches of the Whip Rule; namely:

06/07/24 – 7 day suspension

13/07/24 – 3 day suspension

30/11/24 – 6 day suspension

Mr Oatham submitted that for a fourth breach, the Penalty Guide provides a starting point penalty of a 2-day suspension, plus a fine being the greater of $500 or 50% of the Rider’s share of the stake.  In this case, he said that Ms Mitchell’s share of the stake amounts to $4,000, but as an Apprentice Rider, her employer receives 50% of that amount.  Thus Ms Mitchell’s actual share is $2,000, with 50% of that amount being $1,000.  Mr Oatham also pointed out that Apprentice Riders rarely win Group Races.  He added that the Stewards seek an uplift in penalty due to the status (Group 3) and stakemoney of $140,000, for the race.

Ms Mitchell advised that she could commence any proposed suspension immediately.  In terms of penalty, she sought a longer period of suspension in lieu of a large fine.

Reasons for Penalty

The Penalty Guide starting point for a breach of this nature is a 2 day suspension, plus a fine being 50% of a Rider’s share of the stake. In this case, although the winning Rider’s share of the stake is $4,000, Ms Mitchell’s actual share amounts to $2,000.  Although the Penalty Guide does not explicitly recommend, for whip breaches, that a concession should be made for a fine imposed on an Apprentice in a Black-Type Race, there is a general intent within the Guide relating to Apprentices who breach careless riding provisions in Black-Type Races, specifically: “Concessions may be considered with respect to fines imposed on Apprentice Jockeys”. The Adjudicative Committee believes that this is a sensible approach, given that Apprentice Riders share their stakemoney with their employer. Otherwise, a significant inequity would arise between Class A (Senior Riders) and Class B (Apprentice Riders) in these circumstances.

Due to the status of the race, the stakemoney payable and the fact that Ms Mitchell’s mount won, the Adjudicative Committee applied a 2-day suspension uplift to the starting point.

Accordingly, after considering the circumstances of the breach and the submissions, a 4-day suspension is imposed, plus a $1,000 fine.

Conclusion

Ms Mitchell’s Licence to ride in races is suspended for 4 days, commencing after racing on 14 December 2024 and concluding after racing on 20 December 2024 (15/12 – 20/12 inclusive). In addition, Ms Mitchell is fined $1,000.