Auckland TC 24 March 2023 – R4 – Scott Phelan

ID: RIB17759

Respondent(s):
Scott Phelan - Driver

Applicant:
Mr N McIntyre - Chief Stipendiary Steward

Adjudicators:
G Jones and A Smith

Persons Present:
Mr McIntyre, Mr Phelan

Information Number:
A18275

Decision Type:
Race Related Charge

Charge:
Use of Whip - More than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regs

Plea:
Admitted

Animal Name:
ULTIMATE RACY GIRL

Code:
Harness

Race Date:
24/03/2023

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R4

Hearing Date:
24/03/2023

Hearing Location:
Alexandra Park

Outcome: Proved

Penalty: Driver Scott Phelan, suspended 4 days

Summary of Facts:

Following the running of Race 4, the Crombie Lockwood Delightful Lady Mobile Pace Group 2 ($63,000), the Respondent, Driver Mr Scott Phelan (ULTIMATE RACY GIRL), admitted a breach of Whip Rule 869(2).  The particulars of the charge are that “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.

Chief Stipendiary Steward Mr McIntyre used available video footage to demonstrate the breach.  He identified ULTIMATE RACY GIRL driven by Mr Phelan.  He pointed out that Mr Phelan applied three strikes with his whip, using more than a wrist flicking motion over the concluding stages of the race.

In response, the Respondent advised the Adjudicative Committee that he agreed with the number of strikes and there was nothing further that he could add.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr McIntyre advised that Mr Phelan has a clear record. He said that Stewards assessed the breach to be low-level and submitted that it be dealt with by way of a 4-day suspension.  He added that although ULTIMATE RACY GIRL finished in third place, Mr Phelans 12.5% of the stake was less than $80 and Stewards were not seeking a fine in addition to a suspension.

Mr Phelan offered no submissions as to the penalty.  He advised that he was not seeking a deferment and that he is not intending to drive at the forthcoming Manawatu 2-day meeting.

Reasons For Penalty:

After evaluation of the evidence, the Adjudicative Committee assessed the breach as low-level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

The Penalty Guide provides for a starting point of a 5-day suspension and a fine equal to 12.5% of the Driver’s share of the stake where the breach is deemed low level in a Group 2 Race.

Having considered all these factors, the Adjudicative Committee deemed a 4-day suspension to be an appropriate penalty.

Conclusion:

Mr Phelan’s Licence to drive in races is suspended for a period of 4 days, commencing after racing on 24 March 2023 and concluding after racing on 27 April 2023.

Decision Date: 24/03/2023

Publish Date: 27/03/2023