Manawatu HRC 11 October 2016 – Chair, Mr T Utikere
ID: JCA14271
Meet Title:
Manawatu HRC - 11 October 2016
Meet Chair:
TUtikere
Race Date:
2016/10/11
Race Number:
R3
Decision:
As the charge was admitted, the charge is deemed to be proved.
Penalty:
Mr Phelan is fined $250.
Facts:
Following the running of Race 3 (SPEIGHTS ALE HOUSE MOBILE PACE 2500m), Open Horseman, S Phelan was charged with a breach of Rule 869(3)(b). The Information stated: "... he drove FLYIN ARIZONA carelessly, shifting inward when insufficiently clear, checking GLENDENE (J Abernethy) passing the 200m."
Rule 869(3) reads: No horseman in any race shall drive:- (b) carelessly."
Mr Phelan confirmed he understood the rule and that he admitted the breach.
Using the available side-on film, Mr Muirhead identified Mr Phelan (FLYLIN ARIZONA) racing in the one-one position approaching the 200 metres. GLENDENE, which was located closer to the inside, had begun to tire approaching the final turn. At that point Mr Phelan had shifted ground from one sulky width out, but in doing so he had shifted into the running line, and contacted the leg of GLENDENE. Mr Muirhead stated that while GLENDENE was weakening, this was still a safety issue.
Mr Phelan accepted that he came down and checked GLENDENE for three to four strides. He believed that that horse was tiring and was going nowhere. While his horse had went on to win well, if he had waited for an extra stride at the 200 metres, he believed he would not be facing the carelessness charge.
Submissions for Penalty:
Mr Muirhead submitted that Mr Phelan was one of the country's top horsemen, having had 400 drives in the previous season and 33 drives in the current season. He also had a clean record under this rule. While Mr Phelan had checked a runner, Mr Muirhead submitted that the breach sat below the medium range with regard to seriousness, with no consequential effects to the placings.
Mr Phelan believed the level of carelessness sat at the "absolute minimum". He submitted that the horse had gone rough for three strides, which was the most minimal effect in these circumstances. He submitted a fine, rather than a period of suspension would be appropriate.
Reasons for Penalty:
I considered all of the submissions placed before me. It is clear from the side-on film that Mr Phelan moved into the running line, and in doing so, had made contact with the leg of GLENDENE and checked that runner. While that horse may have been tiring, it was entitled to be there at that time, and it is unfortunate that Mr Phelan did not wait until being clear of that horse before moving inwards. The JCA Penalty Guidelines identify a starting point of a 10 drive suspension or a $500 fine for a breach of this rule. I have determined that a fine is an appropriate penalty on this occasion. I have independently assessed the level of carelessness to fall at the low end. While there has been some consequential effect on GLENDENE as a result of the carelessness, this was of a minor nature. In mitigation I have applied Mr Phelan's excellent record for a very busy horseman and his admission of the breach. I believe these aspects should afford Mr Phelan a discount in the quantum of $250.
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: 6e8ea1c56ee5047bbcd8cfda6f3387e9
informantnumber: A3769
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 14/10/2016
hearing_title: Manawatu HRC 11 October 2016 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 3 (SPEIGHTS ALE HOUSE MOBILE PACE 2500m), Open Horseman, S Phelan was charged with a breach of Rule 869(3)(b). The Information stated: "... he drove FLYIN ARIZONA carelessly, shifting inward when insufficiently clear, checking GLENDENE (J Abernethy) passing the 200m."
Rule 869(3) reads: No horseman in any race shall drive:- (b) carelessly."
Mr Phelan confirmed he understood the rule and that he admitted the breach.
Using the available side-on film, Mr Muirhead identified Mr Phelan (FLYLIN ARIZONA) racing in the one-one position approaching the 200 metres. GLENDENE, which was located closer to the inside, had begun to tire approaching the final turn. At that point Mr Phelan had shifted ground from one sulky width out, but in doing so he had shifted into the running line, and contacted the leg of GLENDENE. Mr Muirhead stated that while GLENDENE was weakening, this was still a safety issue.
Mr Phelan accepted that he came down and checked GLENDENE for three to four strides. He believed that that horse was tiring and was going nowhere. While his horse had went on to win well, if he had waited for an extra stride at the 200 metres, he believed he would not be facing the carelessness charge.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the charge is deemed to be proved.
sumissionsforpenalty:
Mr Muirhead submitted that Mr Phelan was one of the country's top horsemen, having had 400 drives in the previous season and 33 drives in the current season. He also had a clean record under this rule. While Mr Phelan had checked a runner, Mr Muirhead submitted that the breach sat below the medium range with regard to seriousness, with no consequential effects to the placings.
Mr Phelan believed the level of carelessness sat at the "absolute minimum". He submitted that the horse had gone rough for three strides, which was the most minimal effect in these circumstances. He submitted a fine, rather than a period of suspension would be appropriate.
reasonsforpenalty:
I considered all of the submissions placed before me. It is clear from the side-on film that Mr Phelan moved into the running line, and in doing so, had made contact with the leg of GLENDENE and checked that runner. While that horse may have been tiring, it was entitled to be there at that time, and it is unfortunate that Mr Phelan did not wait until being clear of that horse before moving inwards. The JCA Penalty Guidelines identify a starting point of a 10 drive suspension or a $500 fine for a breach of this rule. I have determined that a fine is an appropriate penalty on this occasion. I have independently assessed the level of carelessness to fall at the low end. While there has been some consequential effect on GLENDENE as a result of the carelessness, this was of a minor nature. In mitigation I have applied Mr Phelan's excellent record for a very busy horseman and his admission of the breach. I believe these aspects should afford Mr Phelan a discount in the quantum of $250.
penalty:
Mr Phelan is fined $250.
hearing_type: Hearing
Rules: Rule 869(3)(b)
Informant: Mr J Muirhead - Stipendiary Steward
JockeysandTrainer: Mr S Phelan - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5ecfab4b1ab75e633d228a42fab6ed90
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 414647e229c894c5e6d636b60f248997
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/10/2016
meet_title: Manawatu HRC - 11 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: none
meet_pm2: none
name: Manawatu HRC