Waikato RC 18 September 2022 – R5 – Shaun Phelan

EVIDENCE:

Trainer Mr Shaun Phelan admitted a charge pursuant to Rule 614(2) alleging horse Number 3 ENCHANTED ELLE was presented with the incorrect saddle cloth number.

Due to the nature of the charge Mr Phelan sought to be excused from attending the hearing and this was approved by the Adjudicative Committee. The Information was endorsed accordingly.

Rule 614(2) provides that:

A person must not be neglectful or careless in saddling a horse.

The Applicant Mr Oatham told the Adjudicative Committee that when ENCHANTED ELLE was presented for plate inspection, prior to Race 5, the incorrect number was identified.  The saddle cloth number was 5 and it should have been Number 3.  This was an error which was immediately rectified.

Mr Oatham advised that Mr Phelan freely acknowledged the error.

REASON FOR THE DECISION:

Mr Phelan has admitted the breach and it is therefore proved.

SUBMISSION FOR PENALTY:

Mr Phelan has a clear record under the Rule. The Penalty Guide provides for a $50 fine for a breach of this nature.  There are no aggravating factors.  Mr Oatham said that a new MIN schedule is to be released in the near future and it is intended that a breach of this Rule will be included in the schedule.

REASON FOR PENALTY:

After considering the evidence and submissions presented, the Adjudicative Committee determined that in this case there are no compelling reasons to depart from the Penalty Guide and a $50 fine is imposed.

CONCLUSION:

The Trainer, Mr Phelan, has been fined $50.