R Te Aroha 3 October 2021 – R4 – Shaun Phelan

ID: RIB5063

Respondent(s):
Shaun Phelan - Jockey

Applicant:
Mr B Jones - Stipendiary Steward

Adjudicators:
Hon J W Gendall QC

Persons Present:
Mr B Jones, Mr S Phelan

Information Number:
A15946

Decision Type:
Adjudicative Decision

Charge:
Celebratory Gesture Prior to Winning Post

Rule(s):
638(2)

Plea:
Admitted

Code:
Thoroughbred

Race Date:
03/10/2021

Race Club:
Racing Te Aroha

Race Location:
Te Aroha Racecourse - Stanley Road South, Te Aroha,

Race Number:
R4

Hearing Date:
03/10/2021

Hearing Location:
Te Aroha Racecourse

Outcome: Proved

Penalty: Jockey Shaun Phelan is fined $200

SUMMARY OF FACTS:

After Mr Phelan’s mount THE COSSACK, won Race 4, the PAUL BIBBY MEMORIAL GREAT NORTHERN HURDLE, Mr B Jones presented an InformationĀ  alleging that Mr Whelan committed a breach of Rule 638(2) in that he made a celebratory gesture prior to his horse passing the wining post.

SUBMISSIONS:

The race film showed that Mr Phelan began to celebrate – but not excessively about 50 metres from the finish, and it was only when he made an extravagant celebration with his whip arm just prior to the winning post, that his actions involved a breach of Rule 638(2). While his mount was inĀ  no danger of defeat, the foundation of the Rule relates to endangerment of horse or Rider.

REASON FOR DECISION:

As Mr Phelan admitted the charge, it was deemed proved.

SUBMISSION FOR PENALTY:

The Penalty Guide provides a starting point fine of $300.

REASON FOR PENALTY:

As this was a breach at the lower end of the scale, and recent other fines for Jumps Jockeys were in a lower region, Mr Phelan is fined $200 which is minimal given his percentage share of the first take earned.

CONCLUSIONS:

Mr Phelan is fined $200.

Decision Date: 03/10/2021

Publish Date: 05/10/2021