Auckland TC 29 October 2021 – R1 – Scott Phelan

ID: RIB5532

Respondent(s):
Scott Phelan - Driver

Applicant:
Mr A Dooley - Stipendiary Steward

Adjudicators:
Mr G R Jones

Persons Present:
Mr Phelan and Mr Dooley

Information Number:
A16357

Decision Type:
Adjudicative Decision

Charge:
Unacceptable Use of Whip

Rule(s):
869 (2) & Whip & Rein Regulations

Plea:
Admitted

Animal Name:
ULTIMATE MISSILE

Race Number:
R2

Hearing Date:
29/10/2021

Hearing Location:
Alexandra Park

Outcome: Proved

Penalty: Driver Scott Phelan was fined $200

Evidence:

This charge arises from the running of Race 2, the Jacobsen Headstones Mobile Pace.   The Respondent, Scott Phelan admitted a charge alleging he breached Rule 869 (2).  The particulars of the charge are that “Mr Phelan used his whip with more than a wrist flicking motion in the home straight”.

Rule 869 provides that

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

Stipendiary Steward, Mr Dooley used available video footage to demonstrate the breach.  He identified that inside the final 300 metres of the race, ULTIMATE MISSILE (S Phelan) was racing wide out challenging for the lead.  Mr Dooley said that over the concluding stages Mr Phelan applied four strikes that were more than a flicking motion.  He added that the breach was low-level.

In response Mr Phelan advised the Committee that he had nothing further to add.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Dooley said that Mr Phelan has a clear record having had no previous charges for breaching the whip rule within the reset period, but he pointed out that he has previously received one warning for a low-level breach.

Mr Dooley submitted that due to the nature of the breach it be dealt with by way of a $200 fine.

Mr Phelan offered no submissions in relation to penalty.

Reasons For Penalty:

The Committee determined Mr Phelan’s whip use to be 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 HRNZ Whip Penalty Guideline recommends a penalty range of between $200-$400 for a low-level breach (first offence).

Although ULTIMATE MISSILE won the race, the Committee assessed that the four strikes were not a determinative factor in the final result of the race. On that basis no penalty uplift was applied to the  $200 penalty guide starting point.

Conclusion:

Mr Phelan is fined $200.

Decision Date: 29/10/2021

Publish Date: 31/10/2021