Auckland TC 17 December 2021 – R9 – Scott Phelan

SUMMARY OF FACTS:

Following the running of the WOODLANDS STUD-YOUR SUCCESS IS OURS MBL PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Driver Mr S Phelan, alleging that Mr Phelan when driving RAVEN BANNER, used his whip with more than a wrist flicking motion in the run home.

Mr Phelan was present at the hearing and he confirmed his admission of the breach.

EVIDENCE:

Mr Mulcay demonstrated the incident using the available race films. He identified Mr Phelan and his horse and showed where Mr Phelan used his whip a number of times in the home straight. Mr Mulcay pointed out that not all strikes with the whip breached the Regulations and he pointed to the ones that did.

Mr Phelan said that the films showed the incident clearly and he has admitted the breach.

REASON FOR DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSION FOR PENALTY:

Mr Mulcay said that Mr Phelan had 1 breach of this Rule in the last 6 months being on the 29th of October 2021. He has had 25 drives since. Mr Mulcay submitted that this incident was a medium level breach.

He further said that the Guidelines provide for a penalty of a $500 fine or a suspension of 2 Driving Days. He submitted that a suspension of 3 Driving Days would be appropriate in this case. That would take in 2 Meetings at Cambridge and the Premiere meeting at Auckland on the 31st of December.

Mr Phelan said that he would prefer a fine but if it was to be a suspension then he thought that 3 days was too harsh.

He said that the Stable had 12 runners tonight and he expected similar numbers at each meeting. Tonight he has had 5 drives.

REASON FOR PENALTY:

The race films show the incident clearly and show where Mr Phelan has used the whip about 7 times with more than a wrist flicking motion. Mr Phelan’s use of the whip was at times within the Rules but a number of strikes were outside the Rules and were the basis of this charge. Mr Phelan is generally a busy Driver and based on what he has told the Adjudicative Committee, they believe that 3 days suspension is too much and 2 days would be more appropriate.

CONCLUSION:

The Adjudicative Committee accordingly orders that Mr Phelan’s Licence to drive is suspended from the conclusion of racing tonight (17th December 2021} until the conclusion of racing on the 29th of December 2021 (2 driving days).