Manawatu HRC 13 December 2018 – R 3 – Chair, Mr T Utikere
ID: JCA16519
Meet Title:
Manawatu HRC - 13 December 2018
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2018/12/13
Race Number:
R3
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Mr Phelan is fined $200.
Facts:
Following the running of Race 3 (Outback Trading Mobile Pace 2500m), Information A10258 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and the ‘Use of the Whip’ Regulations in that Mr Phelan "... used his whip on more occasions than permitted over the final 400m".
Mr Phelan signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.
Rule 869(2) states: "No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board."
Using the side-on film Mr Wallis identified MILNER racing in a three wide position with over approaching the 400 metres. Mr Phelan was then observed to use his whip on 12 occasions within the final 400m.
While Mr Phelan was not present, Mr Wallis advised the Committee that he had seen the films and agreed that he had used his whip 12 times.
Submissions for Penalty:
It was identified that Mr Phelan was a busy driver, having had 367 drives last season, and prior to tonight’s meeting he had 111 drives thus far. Mr Wallis submitted that he had a clear record under this rule and the Stipendiary Stewards submitted a $200 fine as appropriate. Mr Wallis also confirmed that Mr Phelan was aware of the sliding scale identified with the Use of Whip Regulations.
Reasons for Penalty:
It is clear from the side-on film that Mr Phelan used his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. While the Committee notes the Respondent's early admission and that this is his first breach of the rule, it considers a mitigation inclusive fine as identified in the Regulation's sliding scale as appropriate.
JCA Decision Fields (raw)
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hearingid: be91d751740ac02ba1d418b14cebef3e
informantnumber: A10258
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 13/12/2018
hearing_title: Manawatu HRC 13 December 2018 - R 3 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 3 (Outback Trading Mobile Pace 2500m), Information A10258 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and the ‘Use of the Whip’ Regulations in that Mr Phelan "... used his whip on more occasions than permitted over the final 400m".
Mr Phelan signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.
Rule 869(2) states: "No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board."
Using the side-on film Mr Wallis identified MILNER racing in a three wide position with over approaching the 400 metres. Mr Phelan was then observed to use his whip on 12 occasions within the final 400m.
While Mr Phelan was not present, Mr Wallis advised the Committee that he had seen the films and agreed that he had used his whip 12 times.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
It was identified that Mr Phelan was a busy driver, having had 367 drives last season, and prior to tonight’s meeting he had 111 drives thus far. Mr Wallis submitted that he had a clear record under this rule and the Stipendiary Stewards submitted a $200 fine as appropriate. Mr Wallis also confirmed that Mr Phelan was aware of the sliding scale identified with the Use of Whip Regulations.
reasonsforpenalty:
It is clear from the side-on film that Mr Phelan used his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. While the Committee notes the Respondent's early admission and that this is his first breach of the rule, it considers a mitigation inclusive fine as identified in the Regulation's sliding scale as appropriate.
penalty:
Mr Phelan is fined $200.
hearing_type: Hearing
Rules: Rule 869(2) and Use of Whip Regulations
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr S Phelan - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9ce67dc6c6e783bc5343e7868cef7236
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: 36e3b0a043a9f14e7513e431d9a61aae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/12/2018
meet_title: Manawatu HRC - 13 December 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMcCutcheon
meet_pm2: none
name: Manawatu HRC