Auckland TC 16 February 2024 – R6 – Scott Phelan

Evidence:

Following the running of Race 6, the NZB S’Bred Harness Million 3 YF Final Mobile Pace 2200m ($150,000), the Respondent Open Driver Scott Phelan admitted a breach of Whip Rule 869(2). The particulars of the charge are that when driving KISS “he used his whip with more than a wrist flicking motion in the run home”.

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

For the purposes of clause 3.1 of the Whip Use Regulations, “wrist only flicking motion” includes – Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

At the commencement of the hearing, Mr Phelan confirmed his admission of the breach. He also said that he understood the nature  of the charge and the likely penalty that may be imposed.

Senior Stipendiary Steward Mr Mulcay used available video footage to demonstrate the breach. He pointed out Mr Phelan driving KISS, who trailed the leader into the home straight and raced in the passing lane over the concluding stages. KISS was challenging for the lead and Mr Mulcay demonstrated that Mr Phelan used his whip 4 or 5 times in a not compliant manner, namely more than a wrist flicking motion.  He added that the strikes were not continuous, and he categorised the whip use as low range.

In response, Mr Phelan said that he agreed with the Stewards’ interpretation of the breach.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay submitted that Mr Phelan has a clear record under the Rule.  He said that this particular race is a ‘Listed’ Race with a stake of $150,000.

Mr Mulcay referred to the Penalties that may be imposed, as set out in the Penalty Guide.

Mr Phelan submitted that any suspension would have a significant impact on his plans over the next three weeks, as he was booked to travel to and from Australia to drive his stable horse, SOONER THE BETTOR in a three race series.  The races are to be run on consecutive Saturday nights.

Mr Phelan did not seek a deferment to any proposed suspension and when it was pointed out to him that the Penalty Guide provides for a 7 day suspension for a breach in a Listed Race, he said that he was surprised, because he was operating in the belief that the penalty would be in the range of a 3 day suspension. Notwithstanding, Mr Phelan confirmed his admission and requested that his intended driving commitments in Australia be included within the penalty days to be imposed.

Reasons for Penalty:

When a breach of this nature occurs in a Group 1 Race or any race with a stake of $100,000 or more, the penalty starting point is 7 days suspension and a fine, if the breach is low level, equal to 12.5% of the Driver’s share of the stake. The Adjudicative Committee assessed the breach as low level and noted that Mr Phelan’s share of the stake was $1,250 for finishing in second place, with 12.5% being equal to about $150.

After taking into consideration of all of the factors, it was determined that a 7 day suspension was an appropriate penalty under the circumstances. The $150 fine was waived. Some discussion then followed as to how Mr Phelan’s planned 3 race days in Australia should or could, be woven into his period of suspension.  He was clearly disappointed in being unable to fulfil his Australian driving commitments. This was resolved as follows.  The 7 meetings include:

23/02/24 – Cambridge

24/02/24 – Australia

01/03/24 – Auckland

02/03/24 – Australia

07/03/24 – Cambridge

08/03/24 – Auckland

09/03/24 – Australia

Conclusion:

Mr Phelan’s Licence to drive in races is suspended for 7 days, from 17/02/2024 until 09/03/2024 inclusive.