NZ Metro TC 21 November 2025 – R8 – Scott Phelan

Summary of Facts:

Following the running of Race 8, the Group 1 Garrards New Zealand Trotting Derby, the Respondent Open Driver, Scott Phelan denied a breach of Rule 869(3)(b); namely that ” when driving HIGHER POWER he drove carelessly near the 800m by shifting ground inwards, resulting in ILLICIT LOVE being checked.”

The Respondent endorsed the Information ‘I do not admit the breach of the Rule’ and confirmed that he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Chief Stipendiary Steward Nigel McIntyre identified the horses involved in the incident namely, HIGHER POWER driven by Scott Phelan, racing one off the pylons with ILLICIT LOVE, driven by Crystal Hackett, racing on the pylons and behind the lead horse, TARRAGINDI, driven by Matthew Williamson.  Mr McIntyre demonstrated on the replays that there was a gap between Miss Hackett and Mr Williamson on the pylons and Mr Phelan, after being outside the leader, tried to “reverse park” into the trail of TARRAGINDI. He pointed out that Miss Hackett was driving her horse forward in order to take up the gap behind TARRAGINDI, as Mr Phelan attempted to shift down into the same gap, resulting in Miss Hackett having to check.

Miss Hackett stated in evidence that she was attempting to take up the position behind Mr Williamson, when Mr Phelan shifted down the track, causing her to take hold of her drive. When questioned, Miss Hackett conceded that the reason she took hold of her drive, was that Mr Phelan was not clear of her when shifting into the gap.

Mr Phelan, in defence, argued that he was in the trail of Mr Williamson prior to Miss Hackett having to take a hold of her horse. He said this showed he was already on the pylons, in the trail of Mr Williamson, when Miss Hackett had to take hold of her horse.

Reasons for Decision:

This Adjudicative Committee is satisfied that Miss Hackett had to take a hold and ease near the 800m, when Mr Phelan tried to “reverse park” into the gap behind the leading horse TARRAGINDI. The Adjudicative Committee was also satisfied that Miss Hackett was entitled to the racing room behind Mr Williamson and was attempting to take up the space between her runner and Mr Williamson’s horse, when Mr Phelan shifted down when not clear by the required level of Miss Hackett, who had to take a hold of her drive.

Decision:

The Adjudicative Committee therefore found that Mr Phelan had driven carelessly on this occasion, and therefore finding the charge proved.

Submissions for Penalty:

Chief Stipendiary Steward Mr McIntyre produced the Respondent’s record, which indicated a clear record in regard to this Rule.

Mr McIntyre added that Stewards assessed the breach as low range and with the Penalty Guide providing a 5 day suspension as starting point for a mid range breach, submitted that a 3 day suspension be considered as penalty.

Mr Phelan made no submissions in regard to penalty, apart from requesting a deferment up to racing on 28 November 2025.

Reasons for Penalty:

The Penalty Guide provides a mid range penalty starting point of a 5 day suspension for a breach of this Rule in a Group 1 Race.

The Adjudicative Committee determined that this was a low range breach and deemed there were no aggravating factors to consider.

The only mitigation was Mr Phelan’s good record, which was taken into account when assessing penalty.

After evaluating all of the factors, the Adjudicative Committee determined a 3 day suspension to be an appropriate penalty in the circumstances of this case.

Conclusion:

Mr Phelan’s’ application for a deferment until racing on 28 November 2025 is granted.

The Respondent, Mr Phelan is suspended commencing after racing on 28 November, up to and including 12 December 2025.

Relevant meetings encompassed in this period are Waikato – 4 December, Auckland – 5 December and Auckland – 12 December 2025.