Auckland TC 2 May 2025 – R9 – Scott Phelan

Summary of Facts:

Following the running of Race 9 – the Roy Purdon Memorial – Group 1, the Respondent S Phelan admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip in 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.

Chief Stipendiary Steward N McIntyre used available video footage to demonstrate the breach. He identified Mr Phelan, driving SOONER THE BETTOR, and referred to Mr Phelan’s whip use, which fell outside of the Guidelines. He said that Mr Phelan used the whip on 8-9 times in a non-compliant manner, before returning to a compliant style in the last 50m. He said that this occurred for around 100m.

Mr Phelan offered nothing in response.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr McIntyre produced Mr Phelan’s record, which was clear

The Stewards assessed the breach to be in the mid to high range and submitted that it be dealt with by way of suspension and a fine as per the Guidelines.

Mr Phelan requested a deferment until after racing on the 9th of May.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as mid range.

A medium-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres or more) before taking corrective steps to return to a compliant style of driving.

For a whip breach in a Group 1 Race, the starting point is 7 days suspension plus a fine, which is calculated in respect to the severity of the breach. The 7 day starting point represents a mid range breach, while the associated fine for a mid range breach is 25% of the Driver’s stake earnings.

Conclusion:

Mr Phelan is suspended for 7 days and fined $200.

Mr Phelan’s suspension commences after racing on the 9th of May and concludes after racing on the 5th of June, which represents 7 Northern Driving Days.