Taranaki TC 19 March 2015 – R 3
ID: JCA13059
Meet Title:
Taranaki TC - 19 March 2015
Meet Chair:
NMcCutcheon
Race Date:
2015/03/19
Race Number:
R 3
Decision:
After considering all the evidence, video replays and all of Mr Phelan’s submissions, the evidence is, in the opinion of the committee conclusive that Mr Phelan did drive improperly when dropping his foot from the footrest and striking his horse's off-hind leg with his right foot on two occasions early in the run home. As a result of the committee’s finding the charge preferred against Mr Phelan of improper driving was upheld.
Penalty:
Taking into account the JCA starting point and all other matters pertaining to the breach of the rule the committee determined that Mr Phelan be fined $750.00.
Facts:
Following the running of race 3 (The Andrew Fage Catering Fillies & Mares Mobile Pace) Information No. A7454 was filed with the Judicial Committee. The Information read that Mr S Phelan drove improperly on the home turn and early stages of the run home by dropping his right foot from the sulky footrest and extended it forward making contact with the gelding’s off-hind (leg).
Rule 869(3( (f) reads:
No horseman in any race shall drive improperly
Mr Phelan acknowledged that he understood the rule, the charge and confirmed that he did not admit the breach.
Mr Mulcay said at the outset that the allegation against Mr Phelan is known colloquially as “using the foot as a bar to give the horse a surprise”.
Submissions for Decision:
All films were shown and Mr Mulcay said that around the top bend Mr Phelan dropped his foot from the footrest for a number of strides but that he could not see that any contact was made with his horse. Mr Mulcay said that at the top of the straight Mr Phelan again dropped his foot (right) from the footrest and that his foot came into contact with the horses’ off-hind leg on two occasions.
Mr Phelan said that his foot dropped the first time when he pulled the earplugs but that only one plug came out and that the second time his foot dropped was because he tried to remove the other plug. He added that he has a habit of dropping his foot when attempting to remove plugs (from horses' ears). He acknowledged that his right foot came into contact with his horse's off-hind leg on two occasions but said that it was not deliberate.
In summing up Mr Mulcay said that the Stewards believed it was a deliberate act (the second occasion) as Mr Phelan’s foot was extended forward. Mr Phelan had nothing more to say.
Reasons for Decision:
The film evidence clearly showed that Mr Phelan’s right foot dropped from the footrest on two occasions. The first time prior to entering the home straight and the second time after entering the final straight. The second time Mr Phelan’s foot dropped from the footrest it came into contact with his horse's off-hind leg on two occasions. Mr Phelan acknowledged this albeit he said that it was not deliberate. Following this incident his drive BOOMCHICKAWOWWOW went on to finish second in the race.
Submissions for Penalty:
Mr Mulcay said that the JCA starting point was a suspension of 20 drives or a fine of $1000. He produced evidence that on 16 May 2013 Mr Phelan was fined $350.00 under the same rule for a similar offence of striking a horse's hind leg with his foot. Mr Mulcay maintained that on this occasion it was a deliberate act and placed the offending in the mid to high range. He submitted that Mr Phelan be suspended or fined $1000 or a combination of a suspension and a fine.
Mr Phelan said that the suggestion of a $1000 fine was ridiculous and that he probably would not be able to pay that much. He said that he was fined $350.00 the first time and said that a fine of $500.00 would be fair or a one day suspension and a minor fine would be okay. He said that the next meeting he would be driving at was at Manawatu on 26 March 2015 where he expected to have a full book of drives.
Reasons for Penalty:
The committee considered all the evidence and the submissions during the hearing. The aggravating fact was that this was the second time that Mr Phelan had been charged and found guilty of an almost identical improper act. The first time being on 16 May 2013 when he was fined $350.00. On this occasion it was observed that Mr Phelan’s right foot made contact with his horse's off-hind leg on two occasions. His horse then went on to finish second in the race. The committee’s assessment of the breach of Rule 869(3) (f) to be in the mid to high range.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 3c3852f8eaa9dbc141b4e6bf507c5079
informantnumber: A7454
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Improper driving
plea: denied
penaltyrequired: 1
decisiondate: 20/03/2015
hearing_title: Taranaki TC 19 March 2015 - R 3
charge:
facts:
Following the running of race 3 (The Andrew Fage Catering Fillies & Mares Mobile Pace) Information No. A7454 was filed with the Judicial Committee. The Information read that Mr S Phelan drove improperly on the home turn and early stages of the run home by dropping his right foot from the sulky footrest and extended it forward making contact with the gelding’s off-hind (leg).
Rule 869(3( (f) reads:
No horseman in any race shall drive improperly
Mr Phelan acknowledged that he understood the rule, the charge and confirmed that he did not admit the breach.
Mr Mulcay said at the outset that the allegation against Mr Phelan is known colloquially as “using the foot as a bar to give the horse a surprise”.
appealdecision:
isappeal:
submissionsfordecision:
All films were shown and Mr Mulcay said that around the top bend Mr Phelan dropped his foot from the footrest for a number of strides but that he could not see that any contact was made with his horse. Mr Mulcay said that at the top of the straight Mr Phelan again dropped his foot (right) from the footrest and that his foot came into contact with the horses’ off-hind leg on two occasions.
Mr Phelan said that his foot dropped the first time when he pulled the earplugs but that only one plug came out and that the second time his foot dropped was because he tried to remove the other plug. He added that he has a habit of dropping his foot when attempting to remove plugs (from horses' ears). He acknowledged that his right foot came into contact with his horse's off-hind leg on two occasions but said that it was not deliberate.
In summing up Mr Mulcay said that the Stewards believed it was a deliberate act (the second occasion) as Mr Phelan’s foot was extended forward. Mr Phelan had nothing more to say.
reasonsfordecision:
The film evidence clearly showed that Mr Phelan’s right foot dropped from the footrest on two occasions. The first time prior to entering the home straight and the second time after entering the final straight. The second time Mr Phelan’s foot dropped from the footrest it came into contact with his horse's off-hind leg on two occasions. Mr Phelan acknowledged this albeit he said that it was not deliberate. Following this incident his drive BOOMCHICKAWOWWOW went on to finish second in the race.
Decision:
After considering all the evidence, video replays and all of Mr Phelan’s submissions, the evidence is, in the opinion of the committee conclusive that Mr Phelan did drive improperly when dropping his foot from the footrest and striking his horse's off-hind leg with his right foot on two occasions early in the run home. As a result of the committee’s finding the charge preferred against Mr Phelan of improper driving was upheld.
sumissionsforpenalty:
Mr Mulcay said that the JCA starting point was a suspension of 20 drives or a fine of $1000. He produced evidence that on 16 May 2013 Mr Phelan was fined $350.00 under the same rule for a similar offence of striking a horse's hind leg with his foot. Mr Mulcay maintained that on this occasion it was a deliberate act and placed the offending in the mid to high range. He submitted that Mr Phelan be suspended or fined $1000 or a combination of a suspension and a fine.
Mr Phelan said that the suggestion of a $1000 fine was ridiculous and that he probably would not be able to pay that much. He said that he was fined $350.00 the first time and said that a fine of $500.00 would be fair or a one day suspension and a minor fine would be okay. He said that the next meeting he would be driving at was at Manawatu on 26 March 2015 where he expected to have a full book of drives.
reasonsforpenalty:
The committee considered all the evidence and the submissions during the hearing. The aggravating fact was that this was the second time that Mr Phelan had been charged and found guilty of an almost identical improper act. The first time being on 16 May 2013 when he was fined $350.00. On this occasion it was observed that Mr Phelan’s right foot made contact with his horse's off-hind leg on two occasions. His horse then went on to finish second in the race. The committee’s assessment of the breach of Rule 869(3) (f) to be in the mid to high range.
penalty:
Taking into account the JCA starting point and all other matters pertaining to the breach of the rule the committee determined that Mr Phelan be fined $750.00.
hearing_type: Hearing
Rules: 869(3)(f)
Informant: Mr S Mulcay - Stipendiary Steward
JockeysandTrainer: Mr S Phelan - Open Horseman
Otherperson: Mr J Muirhead - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e6413b945f9c86a4861c6151df119d89
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cc3d105ae4f5d33709c3f6a7b24075a1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/03/2015
meet_title: Taranaki TC - 19 March 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-tc
meet_racingtype: harness-racing
meet_chair: NMcCutcheon
meet_pm1: none
meet_pm2: none
name: Taranaki TC