Whangarei RC 13 July 2024 – R5 – Tayla Mitchell

Evidence:

Following the running of Race 5, Apprentice Rider Ms T Mitchell admitted a charge  alleging that she breached Whip Rule 638(3)(g)(i).  The particulars of the charge were that she struck her mount DELOREAN 6 times prior to the 100 metre mark.

Ms Mitchell admitted the charge and was assisted at the hearing by Class A Rider Ms J Fawcett.

Using the race films, Stipendiary Steward Mr Dooley demonstrated the breach.  He pointed out that Ms Mitchell’s mount, DELOREAN, led for most of the home straight and was run down close to the finish by OVERRATED.  He said that between the straight entrance and 100 metre mark, Ms Mitchell struck her mount 6 times.  He added that she also struck her mount a further 5 times over the concluding 100 metres of the race.

In response, on Ms Mitchell’s behalf, Ms Fawcett submitted that the strikes were not forceful.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Dooley advised that this is Ms Mitchell’s fourth Whip Rule Breach, with her most previous breach having occurred on 6 July 2024, resulting in a 7 day suspension, which is due to commence after racing on 13 July 2024 and will conclude after racing on Friday 26 July 2024.  He said that the Penalty Guide for this breach provides for a starting point penalty of a $500 fine and a two day suspension.

Ms Mitchell outlined her current financial situation and submitted that at this point in time, a $500 fine would create some financial hardship.  She asked the Adjudicative Committee to consider adding an additional day’s suspension in lieu of the $500 fine.  Mr Dooley advised that, under the circumstances, Stewards did not have any objections.  The Adjudicative Committee led a further discussion on the pros and cons of Ms Mitchell’s request.  It was established that one additional suspension day would be a meaningful penalty, because it would include the Tauranga meeting on 31 July 2024, a meeting that Ms Mitchell would ordinarily expect to ride at and have at least 4 or 5 rides which would more than equate to a $500 fine.

Reasons for Penalty:

The Racing Penalty Guide provides for a $500 fine and a 2 day suspension as the starting point for a fourth breach involving 6 strikes. The Adjudicative Committee noted that there is a defence to a charge involving 6 strikes, but for this to apply, a Rider must not strike their mount more than 4 times in the final 100 metres.  On this occasion, Ms Mitchell struck her mount 5 times over the concluding 100 metres and on that basis, the defence does not apply.

The Adjudicative Committee gave thoughtful consideration to Ms Mitchell’s request for an additional day’s suspension to be applied in lieu of the $500 fine.  She submitted that her request was on the basis of financial hardship grounds.  Ms Mitchell adequately explained her personal circumstances in support of this request.  These reasons do not need to be repeated in this Decision, other than it is sufficient to say, they were adequately persuasive for the Adjudicative Committee to acquiesce.  Accordingly, a 3 day suspension was imposed.

Conclusion:

Ms Mitchell’s License to ride in races is suspended for 3 days, commencing on 27 July 2024 and concluding after racing on 31 July 2024.