Auckland TC 6 July 2018 – R 5 – Chair, Mr A Godsalve
ID: JCA14484
Meet Title:
Auckland TC - 6 July 2018
Meet Chair:
AGodsalve
Meet Committee Member 1:
ASmith
Race Date:
2018/07/06
Race Number:
R5
Decision:
As the breach was admitted we find the charge to have been proved.
Penalty:
Accordingly the Committee imposed a fine of $350 on Mr Phelan.
Facts:
Following the running of Race 5, the SIMS PACIFIC METALS STH OF THE BOMBAY MBL PACE 2200 metres, a charge by way of an Information was preferred by Mr Mulcay. He alleged that Open Horseman, Mr S Phelan 'drove carelessly late in the run home by shifting inwards which resulted in interference to 'Annaliese Lincoln', driven by Mr B Mangos and 'Edamfast', driven by Mr T Macfarlane'.
Mr Phelan was present at the hearing and acknowledged that he:
(a) understood the Rule, and that (b) he admitted the breach.
Rule 869(3)(b) states 'No horseman in any race shall drive carelessly'.
Using the available films Mr Mulcay demonstrated the incident. He pointed out that early in the run home Mr Phelan, driving 'Rock n Shard' was in a position 3 back on the fence, behind 'Annaliese Lincoln'. Mr Phelan then angled out to improve his drive, which was beginning to respond to his urgings. As he passed 'Annaliese Lincoln', 'Rock n Shard' moved inwards abruptly and appeared to make contact with 'Annaliese Lincoln's' sulky. As a result that horse moved inwards inconveniencing 'Edamfast' which briefly went over the marker pegs. Neither 'Edamfast' or 'Annaliese Lincoln' went off-stride, and Mr Mulcay stated that it was difficult to say if either horses chances were affected. He did add that 'Edamfast' did not have clear running ahead of it, and that 'Rock n Shard' was clearly travelling better than either horse. 'Rock n Shard' went on to win the race. Mr Mulcay stated that the Stewards did not consider that there had been grounds to lodge a protest against the placing of 'Rock n Shard'. The interference had taken place quite close to the finish of the race.
Mr Phelan said he agreed with Mr Mulcay's summary of the incident and had nothing to add.
Submissions for Penalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a fine of $500 or a 10 drive suspension for a breach of this Rule. He added that Mr Phelan did not have any other breaches of this Rule within the past 12 months and that his record was exemplary given that he had driven in 347 races in that period. He added that it was to Mr Phelan's credit that he had admitted the breach. However Mr Mulcay said that the Stewards believed the breach to be in the mid-range on a scale of seriousness and it was only that the affected horses were not competitive at the time that a protest against Mr Phelan's horse had not eventuated.
Mr Phelan said that the impact of his actions weren't that great, that neither of the affected horses had gone off-stride. He asked for his penalty to be dealt with by way of a fine.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty has a starting point of a $500 fine or a 10 drive suspension for a breach of this Rule. We took into account Mr Phelans admission, and his very good record considering the number of drives he has had withing the past 12 months. Balanced against that we believed that the fact that he had won the race after causing interference was an aggravating factor when considering a penalty in this matter. Neither of the horses interfered with had finished in a placed position which precluded any action by way of a protest. We determined that we would deal with this matter by way of a monetary fine.
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: 88c8c3c30748a9d71c9a1aef4f22e818
informantnumber: A10711
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 08/07/2018
hearing_title: Auckland TC 6 July 2018 - R 5 - Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 5, the SIMS PACIFIC METALS STH OF THE BOMBAY MBL PACE 2200 metres, a charge by way of an Information was preferred by Mr Mulcay. He alleged that Open Horseman, Mr S Phelan 'drove carelessly late in the run home by shifting inwards which resulted in interference to 'Annaliese Lincoln', driven by Mr B Mangos and 'Edamfast', driven by Mr T Macfarlane'.
Mr Phelan was present at the hearing and acknowledged that he:
(a) understood the Rule, and that (b) he admitted the breach.
Rule 869(3)(b) states 'No horseman in any race shall drive carelessly'.
Using the available films Mr Mulcay demonstrated the incident. He pointed out that early in the run home Mr Phelan, driving 'Rock n Shard' was in a position 3 back on the fence, behind 'Annaliese Lincoln'. Mr Phelan then angled out to improve his drive, which was beginning to respond to his urgings. As he passed 'Annaliese Lincoln', 'Rock n Shard' moved inwards abruptly and appeared to make contact with 'Annaliese Lincoln's' sulky. As a result that horse moved inwards inconveniencing 'Edamfast' which briefly went over the marker pegs. Neither 'Edamfast' or 'Annaliese Lincoln' went off-stride, and Mr Mulcay stated that it was difficult to say if either horses chances were affected. He did add that 'Edamfast' did not have clear running ahead of it, and that 'Rock n Shard' was clearly travelling better than either horse. 'Rock n Shard' went on to win the race. Mr Mulcay stated that the Stewards did not consider that there had been grounds to lodge a protest against the placing of 'Rock n Shard'. The interference had taken place quite close to the finish of the race.
Mr Phelan said he agreed with Mr Mulcay's summary of the incident and had nothing to add.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the breach was admitted we find the charge to have been proved.
sumissionsforpenalty:
Mr Mulcay referred to the JCA Penalty Guide which provides for a fine of $500 or a 10 drive suspension for a breach of this Rule. He added that Mr Phelan did not have any other breaches of this Rule within the past 12 months and that his record was exemplary given that he had driven in 347 races in that period. He added that it was to Mr Phelan's credit that he had admitted the breach. However Mr Mulcay said that the Stewards believed the breach to be in the mid-range on a scale of seriousness and it was only that the affected horses were not competitive at the time that a protest against Mr Phelan's horse had not eventuated.
Mr Phelan said that the impact of his actions weren't that great, that neither of the affected horses had gone off-stride. He asked for his penalty to be dealt with by way of a fine.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty has a starting point of a $500 fine or a 10 drive suspension for a breach of this Rule. We took into account Mr Phelans admission, and his very good record considering the number of drives he has had withing the past 12 months. Balanced against that we believed that the fact that he had won the race after causing interference was an aggravating factor when considering a penalty in this matter. Neither of the horses interfered with had finished in a placed position which precluded any action by way of a protest. We determined that we would deal with this matter by way of a monetary fine.
penalty:
Accordingly the Committee imposed a fine of $350 on Mr Phelan.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr S Phelan - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5b2170a0687de690271bd53ec999e752
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f3a0ce60445ab1097083db768d22c8c3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/07/2018
meet_title: Auckland TC - 6 July 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ASmith
meet_pm2: none
name: Auckland TC