HR Waikato 25 October 2015 – R 8 – Chair, Mr A Dooley
ID: JCA13117
Meet Title:
Harness Racing Waikato - 25 October 2015
Meet Chair:
ADooley
Meet Committee Member 1:
AGodsalve
Race Date:
2015/10/25
Race Number:
R8
Decision:
For the above reasons we find the charge against Mr Phelan proved.
Penalty:
Accordingly, Mr Phelan was fined the sum of $500.
Facts:
Following the running of race 8, Dunstan Feeds Mobile Pace, an Information was filed pursuant to rule 869 (3) (f). The Informant, Mr Muirhead, alleged that Mr Phelan (drove improperly) when he contacted the near hind leg of ROCKNROLL LEGEND with his foot which was out of the sulky foot rest after the finishing line.
Mr Phelan acknowledged that he understood the nature of the charge and confirmed he denied the breach.
Rule 869(3) (f) states:
“No horseman in any race shall drive improperly”.
Submissions for Decision:
Mr Muirhead made reference to the rule 869 (9) for the purpose of sub-rules (2), (3) and (4), the “race” shall include the preliminaries, the starts, and time period after the finish whilst the horse remains on the race track.
Mr Muirhead told the Committee that the alleged breach occurred approximately 10 to 20 metres after the finishing line. He identified on the head – on film that Mr Phelan dropped his left leg out of the sulky rest and his foot made contact with ROCKNROLL LEGEND near hind leg. He believed Mr Phelan held his leg forward to make the contact. He added Mr Phelan also struck his horse with the whip at the same time but the Stewards were not charging him with that.
Mr Muirhead deemed Mr Phelan’s actions to be improper because of the unsafe nature of his foot contacting ROCKNROLL LEGEND near the hind leg. He said Mr Phelan had an obligation to keep his feet in the footrest. He stated this was unusual to see Drivers contacting their horse’s legs and in order to do that the Stewards believe it was a deliberate act by Mr Phelan.
Mr Muirhead submitted that he had witnessed Drivers' feet slipping from the footrests on many occasions. However, not as in this case with Mr Phelan's right leg directed straight out contacting ROCKNROLL LEGEND near the hind leg.
Mr Phelan questioned Mr Muirhead as to what deemed the incident to be unsafe.
Mr Muirhead replied that by dropping a foot was not deemed to be safe and it could give the horse a fright.
Mr Phelan told the Committee that he was very tired after driving his horse all the way up the straight and that is why his foot dropped out of the footrest. He said it was not a deliberate act and questioned why would he try and make his horse go faster after the finish line. He added the incident was purely accidental. He further advised that he used a UFO sulky and he was unable to bend his leg as the seat position was well back. He submitted that he would like the Committee to view the sulky and see for ourselves what he was trying to explain.
In response to a question from the Committee, Mr Phelan said he had been using a UFO sulky for approximately 2 to 3 years.
When questioned by Mr Muirhead, Mr Phelan admitted that his foot did make contact with the near hind leg of ROCKNROLL LEGEND.
Reasons for Decision:
The Committee carefully considered all of the evidence and submissions presented and reviewed the video films several times frame by frame. Firstly we believe as a professional driver it was Mr Phelan's responsibility to set up the sulky correctly prior to the race. In our opinion the UFO sulky did not have a bearing on this particular incident. We base that on the fact the head – on film undoubtedly shows that Mr Phelan's foot was held in a rigid position with intent to make contact with the horse's near hind leg. The incident occurred approximately 15 metres after the finish line and for only 1 stride. We also identified that Mr Phelan immediately placed his foot back on the footrest.
Submissions for Penalty:
Mr Muirhead produced Mr Phelan’s record which showed 2 previous breaches of this rule. Them being 16.5.2013 foot out of footrest $100, contacting horse's leg $350 and 20.3.2015 using his foot as bar $750 fine. He said there was no other comparison and advised he had never experienced an incident like this before. Mr Muirhead submitted that this breach was at the lower end of the scale compared to Mr Phelan’s other 2 charges under this rule.
Mr Muirhead referred to the JCA Penalty Guide and Rule 869 (3)(f) which recommended a starting point of 20 drives or a $1,000 fine.
Mr Phelan said that the incident occurred after the finish line and submitted a low fine.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. Given the incident occurred shortly after the finish line and for 1 stride we assess the breach at the low end. We accept Mr Phelan’s actions did not affect the result of the race. However, Mr Phelan’s record under this rule is poor and abnormal for a Horseman of his experience and a significant aggravating fact. The films clearly show there was intent displayed by Mr Phelan which is of concern to the Committee.
We referred to the JCA Penalty Guide which confirmed Mr Muirhead's submissions. We then referred to the JCA listing of penalties which showed the breach to be extremely rare with no other similar case available to verify.
We accept the circumstances regarding this breach were lower than 20.3.2015 which incurred a $750 fine.
After taking into account all the above factors we consider an appropriate penalty was a $500 fine.
JCA Decision Fields (raw)
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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: 4441b490b810b0cff9f702c42e4c6a9e
informantnumber: A3682
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Improper Driving
plea: denied
penaltyrequired: 1
decisiondate: 27/10/2015
hearing_title: HR Waikato 25 October 2015 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Dunstan Feeds Mobile Pace, an Information was filed pursuant to rule 869 (3) (f). The Informant, Mr Muirhead, alleged that Mr Phelan (drove improperly) when he contacted the near hind leg of ROCKNROLL LEGEND with his foot which was out of the sulky foot rest after the finishing line.
Mr Phelan acknowledged that he understood the nature of the charge and confirmed he denied the breach.
Rule 869(3) (f) states:
“No horseman in any race shall drive improperly”.
appealdecision:
isappeal:
submissionsfordecision:
Mr Muirhead made reference to the rule 869 (9) for the purpose of sub-rules (2), (3) and (4), the “race” shall include the preliminaries, the starts, and time period after the finish whilst the horse remains on the race track.
Mr Muirhead told the Committee that the alleged breach occurred approximately 10 to 20 metres after the finishing line. He identified on the head – on film that Mr Phelan dropped his left leg out of the sulky rest and his foot made contact with ROCKNROLL LEGEND near hind leg. He believed Mr Phelan held his leg forward to make the contact. He added Mr Phelan also struck his horse with the whip at the same time but the Stewards were not charging him with that.
Mr Muirhead deemed Mr Phelan’s actions to be improper because of the unsafe nature of his foot contacting ROCKNROLL LEGEND near the hind leg. He said Mr Phelan had an obligation to keep his feet in the footrest. He stated this was unusual to see Drivers contacting their horse’s legs and in order to do that the Stewards believe it was a deliberate act by Mr Phelan.
Mr Muirhead submitted that he had witnessed Drivers' feet slipping from the footrests on many occasions. However, not as in this case with Mr Phelan's right leg directed straight out contacting ROCKNROLL LEGEND near the hind leg.
Mr Phelan questioned Mr Muirhead as to what deemed the incident to be unsafe.
Mr Muirhead replied that by dropping a foot was not deemed to be safe and it could give the horse a fright.
Mr Phelan told the Committee that he was very tired after driving his horse all the way up the straight and that is why his foot dropped out of the footrest. He said it was not a deliberate act and questioned why would he try and make his horse go faster after the finish line. He added the incident was purely accidental. He further advised that he used a UFO sulky and he was unable to bend his leg as the seat position was well back. He submitted that he would like the Committee to view the sulky and see for ourselves what he was trying to explain.
In response to a question from the Committee, Mr Phelan said he had been using a UFO sulky for approximately 2 to 3 years.
When questioned by Mr Muirhead, Mr Phelan admitted that his foot did make contact with the near hind leg of ROCKNROLL LEGEND.
reasonsfordecision:
The Committee carefully considered all of the evidence and submissions presented and reviewed the video films several times frame by frame. Firstly we believe as a professional driver it was Mr Phelan's responsibility to set up the sulky correctly prior to the race. In our opinion the UFO sulky did not have a bearing on this particular incident. We base that on the fact the head – on film undoubtedly shows that Mr Phelan's foot was held in a rigid position with intent to make contact with the horse's near hind leg. The incident occurred approximately 15 metres after the finish line and for only 1 stride. We also identified that Mr Phelan immediately placed his foot back on the footrest.
Decision:
For the above reasons we find the charge against Mr Phelan proved.
sumissionsforpenalty:
Mr Muirhead produced Mr Phelan’s record which showed 2 previous breaches of this rule. Them being 16.5.2013 foot out of footrest $100, contacting horse's leg $350 and 20.3.2015 using his foot as bar $750 fine. He said there was no other comparison and advised he had never experienced an incident like this before. Mr Muirhead submitted that this breach was at the lower end of the scale compared to Mr Phelan’s other 2 charges under this rule.
Mr Muirhead referred to the JCA Penalty Guide and Rule 869 (3)(f) which recommended a starting point of 20 drives or a $1,000 fine.
Mr Phelan said that the incident occurred after the finish line and submitted a low fine.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. Given the incident occurred shortly after the finish line and for 1 stride we assess the breach at the low end. We accept Mr Phelan’s actions did not affect the result of the race. However, Mr Phelan’s record under this rule is poor and abnormal for a Horseman of his experience and a significant aggravating fact. The films clearly show there was intent displayed by Mr Phelan which is of concern to the Committee.
We referred to the JCA Penalty Guide which confirmed Mr Muirhead's submissions. We then referred to the JCA listing of penalties which showed the breach to be extremely rare with no other similar case available to verify.
We accept the circumstances regarding this breach were lower than 20.3.2015 which incurred a $750 fine.
After taking into account all the above factors we consider an appropriate penalty was a $500 fine.
penalty:
Accordingly, Mr Phelan was fined the sum of $500.
hearing_type: Hearing
Rules: 869(3)(f)
Informant: Mr J Muirhead -Stipendiary Steward
JockeysandTrainer: Mr S Phelan - Licensed Open Horseman
Otherperson: Mr B Jones - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: c7856d997276b53895a86a5805c13e14
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: a9d09eb1aa4b815e602b9ed098f27b6a
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/10/2015
meet_title: Harness Racing Waikato - 25 October 2015
meet_expappcomment:
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tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: ADooley
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato