Rangiora HRC 23 May 2021 – R 3 – Chair, Mr R McKenzie
ID: JCA13216
Meet Title:
Rangiora HRC - 23 May 2021
Meet Chair:
RMcKenzie
Race Date:
2021/05/23
Race Number:
R3
Decision:
The charge was found proved.
Penalty:
Mr Phelan’s Advanced Amateur Driver’s licence is suspended from after the close of racing today up to and including 23 August 2021 – 3 months.
Facts:
Following the running of Race 3, NZ Amateur Drivers Championship Heat 4 Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Advanced Amateur Driver, Mr F J Phelan, alleging that, as the Driver of REFINE in the race, he “failed to concede his position when being shifted wider on the track by HONOUR BEFORE GLORY (N J H Munro) near the 500 metres and broke losing all chance”.
Mr Phelan had signed the Statement by the Respondent on the Information form indicating that he denied the breach. He confirmed this at the hearing at, which he was present. The Rule was read to the hearing.
Rule 869 provides as follows:
(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Submissions for Decision:
Mr Williams had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 500 metres to race, as the field was leaving the back straight. Mr Renault pointed out the relevant runners – HONOUR BEFORE GLORY, driven by Mr Munro, in third-to-last position on the markers, with REFINE, driven by Mr Phelan, racing to the outside of and just behind that runner.
Mr Renault showed that the last-placed runner, ALEXY, then commenced to improve 3-wide before being shifted to a 4-wide position when FOUR STARZZZ SHIRAZ moved out. This enabled Mr Munro to shift off the markers and force Mr Phelan wide.
Mr Renault said that Mr Phelan had lost his position on the back of FOUR STARZZZ SHIRAZ and had been shifted wider on the track by Mr Munro, who had an advantage over him, and Mr Phelan has failed to concede his position. Mr Phelan had been chasing his runner forward with the rein, instead of shifting wider to a 4-wide position to accommodate Mr Munro shifting wider.
Mr Renault showed, from a different video angle, that Mr Munro’s wheel got in front of Mr Phelan and the two runners locked wheels. Mr Phelan’s runner began to pace roughly and broke. Mr Phelan would not have been in that position had he allowed himself to be shifted wider by Mr Munro, which he was obliged to do, Mr Renault said.
Mr Munro gave evidence to the hearing. He said that, rounding the bend out of the back straight, horses were starting to make moves. He believed that he was in front of Mr Phelan and entitled to push out. He moved out while Mr Phelan was trying to hold his position. There was “tightness and a little bit of contact”, he said.
Mr Phelan put it to Mr Munro that the incident had happened so quickly and the two runners were racing closely. There was not “a lot of advantage”, Mr Phelan suggested. Mr Munro replied that his runner was in front of Mr Phelan’s.
Mr Phelan said that he was trying to follow the 3-wide runners. He said that the two horses had locked wheels and that was why his runner galloped. He could not get away from Mr Munro because they had locked wheels, he said.
Reasons for Decision:
It is relevant to set out the provisions of the Shifting Ground Regulation:
Where a horse does not have clear passage during a race the driver shall be permitted to shift ground:
2. Outwards and ease another runner up the track provided the horse to be shifted outwards is in a position to be moved out without causing interference to that or any other horse and that the movement complies with . . . the push out Rule.
For the avoidance of doubt, the following shall apply:
The onus shall be on the driver shifting ground to ensure the move is made with safety and does not cause interference by conducting it in a gradual and acceptable manner thereby enabling the driver of the runner being moved to be able to take the necessary action to accommodate the manoeuvre.
Where interference occurs or and a driver fails to concede when not in a position to maintain his/her place, the provisions of Rules 869(3) and (4) shall apply.
Applying the Regulation to this case, the Committee finds that Mr Munro was permitted to shift ground outwards because Mr Phelan was in a position to be moved out without being interfered with. There was no other runner to his outside. The Push Out Rule did not apply as the race was inside the final 1000 metres. The Committee is satisfied that Mr Munro made the move with safety and in a gradual and acceptable manner, enabling Mr Phelan to accommodate the manoeuvre. Finally, interference did occur because Mr Phelan had failed to concede when not in a position to maintain his place. Therefore, the provisions of Rule 869 (4) apply and Mr Phelan has driven in a manner which has interfered with his own horse.
To address Mr Phelan’s defence to the charge, it was based on his being unable to shift wider because of the locking of wheels. However, the Committee finds that the locking of wheels was the result of his failing to concede his position.
Submissions for Penalty:
Mr Phelan has had 10 drives this season and has a clear record under the Rule, Mr Williams said. He referred to the Penalty Guide starting point – a $300 fine or a 6-drives suspension. There was an aggravating factor, Mr Williams submitted, in that Mr Phelan’s actions had resulted in his horse breaking and losing its chance.
Mr Williams submitted that a fine of not less than $250 was an appropriate penalty. Mr Phelan asked if it would be possible to have a suspension rather than a fine. The basis of how the term of a suspension would be calculated was explained to Mr Phelan – for Amateur Drivers, two drives per month. He said he would prefer a suspension.
Reasons for Penalty:
The Committee has the option of either a fine or a term of suspension in this case. While a Committee does not always impose a penalty which is the preference of the Driver, in the case of an Amateur Driver, the Committee is, of course, aware that he or she is, by definition, not paid. In this case, the Committee is prepared to accede to Mr Phelan’s preference.
In calculating the term of the suspension, the Committee has taken the Penalty Guide starting point of a 6-drives suspension. Mr Phelan is entitled to a discount for his good record but, against that, it is an aggravating factor that his horse suffered actual interference and lost its chance. It is appropriate to remain at the Penalty Guide starting point.
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: 536e9e41c40578fe3388693bb1adbf8f
informantnumber: A13324
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Driving in Manner Causing Interference
plea: denied
penaltyrequired: 1
decisiondate: 26/05/2021
hearing_title: Rangiora HRC 23 May 2021 - R 3 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 3, NZ Amateur Drivers Championship Heat 4 Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Advanced Amateur Driver, Mr F J Phelan, alleging that, as the Driver of REFINE in the race, he “failed to concede his position when being shifted wider on the track by HONOUR BEFORE GLORY (N J H Munro) near the 500 metres and broke losing all chance”.
Mr Phelan had signed the Statement by the Respondent on the Information form indicating that he denied the breach. He confirmed this at the hearing at, which he was present. The Rule was read to the hearing.
Rule 869 provides as follows:
(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
appealdecision:
isappeal:
submissionsfordecision:
Mr Williams had Stipendiary Steward, Mr S P Renault, show video replays of the incident with approximately 500 metres to race, as the field was leaving the back straight. Mr Renault pointed out the relevant runners – HONOUR BEFORE GLORY, driven by Mr Munro, in third-to-last position on the markers, with REFINE, driven by Mr Phelan, racing to the outside of and just behind that runner.
Mr Renault showed that the last-placed runner, ALEXY, then commenced to improve 3-wide before being shifted to a 4-wide position when FOUR STARZZZ SHIRAZ moved out. This enabled Mr Munro to shift off the markers and force Mr Phelan wide.
Mr Renault said that Mr Phelan had lost his position on the back of FOUR STARZZZ SHIRAZ and had been shifted wider on the track by Mr Munro, who had an advantage over him, and Mr Phelan has failed to concede his position. Mr Phelan had been chasing his runner forward with the rein, instead of shifting wider to a 4-wide position to accommodate Mr Munro shifting wider.
Mr Renault showed, from a different video angle, that Mr Munro’s wheel got in front of Mr Phelan and the two runners locked wheels. Mr Phelan’s runner began to pace roughly and broke. Mr Phelan would not have been in that position had he allowed himself to be shifted wider by Mr Munro, which he was obliged to do, Mr Renault said.
Mr Munro gave evidence to the hearing. He said that, rounding the bend out of the back straight, horses were starting to make moves. He believed that he was in front of Mr Phelan and entitled to push out. He moved out while Mr Phelan was trying to hold his position. There was “tightness and a little bit of contact”, he said.
Mr Phelan put it to Mr Munro that the incident had happened so quickly and the two runners were racing closely. There was not “a lot of advantage”, Mr Phelan suggested. Mr Munro replied that his runner was in front of Mr Phelan’s.
Mr Phelan said that he was trying to follow the 3-wide runners. He said that the two horses had locked wheels and that was why his runner galloped. He could not get away from Mr Munro because they had locked wheels, he said.
reasonsfordecision:
It is relevant to set out the provisions of the Shifting Ground Regulation:
Where a horse does not have clear passage during a race the driver shall be permitted to shift ground:
2. Outwards and ease another runner up the track provided the horse to be shifted outwards is in a position to be moved out without causing interference to that or any other horse and that the movement complies with . . . the push out Rule.
For the avoidance of doubt, the following shall apply:
The onus shall be on the driver shifting ground to ensure the move is made with safety and does not cause interference by conducting it in a gradual and acceptable manner thereby enabling the driver of the runner being moved to be able to take the necessary action to accommodate the manoeuvre.
Where interference occurs or and a driver fails to concede when not in a position to maintain his/her place, the provisions of Rules 869(3) and (4) shall apply.
Applying the Regulation to this case, the Committee finds that Mr Munro was permitted to shift ground outwards because Mr Phelan was in a position to be moved out without being interfered with. There was no other runner to his outside. The Push Out Rule did not apply as the race was inside the final 1000 metres. The Committee is satisfied that Mr Munro made the move with safety and in a gradual and acceptable manner, enabling Mr Phelan to accommodate the manoeuvre. Finally, interference did occur because Mr Phelan had failed to concede when not in a position to maintain his place. Therefore, the provisions of Rule 869 (4) apply and Mr Phelan has driven in a manner which has interfered with his own horse.
To address Mr Phelan’s defence to the charge, it was based on his being unable to shift wider because of the locking of wheels. However, the Committee finds that the locking of wheels was the result of his failing to concede his position.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Phelan has had 10 drives this season and has a clear record under the Rule, Mr Williams said. He referred to the Penalty Guide starting point – a $300 fine or a 6-drives suspension. There was an aggravating factor, Mr Williams submitted, in that Mr Phelan’s actions had resulted in his horse breaking and losing its chance.
Mr Williams submitted that a fine of not less than $250 was an appropriate penalty. Mr Phelan asked if it would be possible to have a suspension rather than a fine. The basis of how the term of a suspension would be calculated was explained to Mr Phelan – for Amateur Drivers, two drives per month. He said he would prefer a suspension.
reasonsforpenalty:
The Committee has the option of either a fine or a term of suspension in this case. While a Committee does not always impose a penalty which is the preference of the Driver, in the case of an Amateur Driver, the Committee is, of course, aware that he or she is, by definition, not paid. In this case, the Committee is prepared to accede to Mr Phelan’s preference.
In calculating the term of the suspension, the Committee has taken the Penalty Guide starting point of a 6-drives suspension. Mr Phelan is entitled to a discount for his good record but, against that, it is an aggravating factor that his horse suffered actual interference and lost its chance. It is appropriate to remain at the Penalty Guide starting point.
penalty:
Mr Phelan’s Advanced Amateur Driver’s licence is suspended from after the close of racing today up to and including 23 August 2021 – 3 months.
hearing_type: Hearing
Rules: 869(4)
Informant: P Williams, Stipendiary Steward
JockeysandTrainer: F J Phelan, Licensed Advanced Amateur Driver
Otherperson: Licensed Advanced Amateur Driver, Mr S Renault - Stipendiary Steward, N J H Munro
PersonPresent:
Respondent:
StipendSteward:
raceid: c1f5ee0f5a4f9bc7c3538185103ad021
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race_title: R3
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meetdate: 23/05/2021
meet_title: Rangiora HRC - 23 May 2021
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name: Rangiora HRC