Kapiti Coast HRC 20 January 2012 – R 8
ID: JCA11917
Meet Title:
Kapiti Coast HRC - 20 January 2012
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2012/01/20
Race Number:
Race 8
Decision:
As the charge was admitted it was found to be proved.
Penalty:
Mr Phelan’s horseman’s licence was suspended from the conclusion of racing on Friday 20 January 2012 until the conclusion of racing on Thursday 9 February 2012. This is a total of three (3) weeks.
Charge:
Following Race 8, Licensed Horseman E Phelan was charged under Rule 869(4). The information stated ”You allowed your horse ‘GILTED’ to run into the passing lane therefore denying trailing horses a clear run to the line.”
Rule 869(4) states:
“No horseman 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.”
Facts:
Mr Phelan indicated to the committee that he understood Rule 869(4) and that he admitted the breach.
The committee was familiar with the incident as it was the subject of a protest (Information A5492). However, the committee invited Mr Wallis to use the films to indicate the relevance to Information A5493 currently before it. Using the available films, Mr Wallis pointed out that Mr Phelan was in front as the field headed for home. He also stated that there was plenty of room for trailing runners whilst just prior to Mr Phelan approaching the start of the passing lane. The film showed IMRACN (Mr Taylor) electing to not access the passing lane due to, in Mr Wallis’ opinion, the horse becoming too tired. The stewards submitted that Mr Phelan continued to drive GILTED out with his whip; and allowed it to run inside, into the passing lane, therefore not allowing Ms Chilcott (TIJUANA BROMAC) a clear run to the line.
Mr Phelan reiterated that it was GILTED’s third start. He also pointed out that another horse had come up on his side when turning for home, and GILTED had ran inwards as a result of the gelding’s raceday inexperience. Mr Phelan indicated that GILTED had drifted in whilst he was driving him out, and that he believed him to be a green horse. He also said that when he sought to correct his drive, he thought he was clear of the horse behind him and did not think he needed to take evasive action. He also submitted that he believed at this stage of the race that it was going to be a tight finish.
Submissions for Penalty:
In presenting Mr Phelan’s record, Mr Wallis stated that Mr Phelan had not appeared before the stewards in the previous 12 months. The stewards were aware of the JCA guidelines for a breach of this rule, which had resulted in relegation in this instance. Mr Wallis believed that Mr Phelan’s admittance and good record needed to be taken into consideration, although he did submit that Mr Phelan had driven GILTED out to the line and had not tried to correct his drive in order to allow TIJUANA BROMAC to have a straight line to the finish. For the stipendiary stewards, Mr Wallis submitted a fine of $500 or a three (3) week suspension was appropriate.
Mr Phelan stated that he would prefer a period of suspension rather than a fine. He indicated that he had been driving more frequently lately due to his nephew, who used to drive for him, being currently located in Australia. He said he currently had six horses in work and three racehorses. He believed there was a possibility that he would have three or four drives at the second day of the Kapiti Coast Harness Racing Club’s meeting.
It was noted by the committee that the fields for the second day of the Kapiti Coast Harness Racing Club’s meeting had not been declared at the time of the hearing, however, Mr Phelan indicated that Mr Abernethy was likely to take his drives on the second day, therefore he stated a preference for a period of suspension, if imposed, to commence immediately.
Reasons for Penalty:
Mr Phelan appeared before the committee on a breach of Rule 869(4). The committee considered all of the submissions put before it, and believed a period of suspension was appropriate on this occasion. With regard to the JCA Penalty Guidelines, the committee adopted a starting point of three (3) weeks. In mitigation the committee took into account Mr Phelan’s early admittance of the breach, his co-operation and conduct during the hearing and his good record. However, the committee felt that such mitigating factors were equally balanced by a serious aggravating feature in that his drive (GILTED) was relegated from first placing. This had a negative impact on GILTED’s connections, even though Mr Phelan was the Trainer/Driver, and those members of the betting public who had also been affected as a result of Mr Phelan’s actions.
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: 2894dd85dbcddac308207bdfea711b95
informantnumber: A5493
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/01/2012
hearing_title: Kapiti Coast HRC 20 January 2012 - R 8
charge:
Following Race 8, Licensed Horseman E Phelan was charged under Rule 869(4). The information stated ”You allowed your horse ‘GILTED’ to run into the passing lane therefore denying trailing horses a clear run to the line.”
Rule 869(4) states:
“No horseman 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.”
facts:
Mr Phelan indicated to the committee that he understood Rule 869(4) and that he admitted the breach.
The committee was familiar with the incident as it was the subject of a protest (Information A5492). However, the committee invited Mr Wallis to use the films to indicate the relevance to Information A5493 currently before it. Using the available films, Mr Wallis pointed out that Mr Phelan was in front as the field headed for home. He also stated that there was plenty of room for trailing runners whilst just prior to Mr Phelan approaching the start of the passing lane. The film showed IMRACN (Mr Taylor) electing to not access the passing lane due to, in Mr Wallis’ opinion, the horse becoming too tired. The stewards submitted that Mr Phelan continued to drive GILTED out with his whip; and allowed it to run inside, into the passing lane, therefore not allowing Ms Chilcott (TIJUANA BROMAC) a clear run to the line.
Mr Phelan reiterated that it was GILTED’s third start. He also pointed out that another horse had come up on his side when turning for home, and GILTED had ran inwards as a result of the gelding’s raceday inexperience. Mr Phelan indicated that GILTED had drifted in whilst he was driving him out, and that he believed him to be a green horse. He also said that when he sought to correct his drive, he thought he was clear of the horse behind him and did not think he needed to take evasive action. He also submitted that he believed at this stage of the race that it was going to be a tight finish.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted it was found to be proved.
sumissionsforpenalty:
In presenting Mr Phelan’s record, Mr Wallis stated that Mr Phelan had not appeared before the stewards in the previous 12 months. The stewards were aware of the JCA guidelines for a breach of this rule, which had resulted in relegation in this instance. Mr Wallis believed that Mr Phelan’s admittance and good record needed to be taken into consideration, although he did submit that Mr Phelan had driven GILTED out to the line and had not tried to correct his drive in order to allow TIJUANA BROMAC to have a straight line to the finish. For the stipendiary stewards, Mr Wallis submitted a fine of $500 or a three (3) week suspension was appropriate.
Mr Phelan stated that he would prefer a period of suspension rather than a fine. He indicated that he had been driving more frequently lately due to his nephew, who used to drive for him, being currently located in Australia. He said he currently had six horses in work and three racehorses. He believed there was a possibility that he would have three or four drives at the second day of the Kapiti Coast Harness Racing Club’s meeting.
It was noted by the committee that the fields for the second day of the Kapiti Coast Harness Racing Club’s meeting had not been declared at the time of the hearing, however, Mr Phelan indicated that Mr Abernethy was likely to take his drives on the second day, therefore he stated a preference for a period of suspension, if imposed, to commence immediately.
reasonsforpenalty:
Mr Phelan appeared before the committee on a breach of Rule 869(4). The committee considered all of the submissions put before it, and believed a period of suspension was appropriate on this occasion. With regard to the JCA Penalty Guidelines, the committee adopted a starting point of three (3) weeks. In mitigation the committee took into account Mr Phelan’s early admittance of the breach, his co-operation and conduct during the hearing and his good record. However, the committee felt that such mitigating factors were equally balanced by a serious aggravating feature in that his drive (GILTED) was relegated from first placing. This had a negative impact on GILTED’s connections, even though Mr Phelan was the Trainer/Driver, and those members of the betting public who had also been affected as a result of Mr Phelan’s actions.
penalty:
Mr Phelan’s horseman’s licence was suspended from the conclusion of racing on Friday 20 January 2012 until the conclusion of racing on Thursday 9 February 2012. This is a total of three (3) weeks.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr E Phelan - Licensed Horseman
Otherperson: Mr T Taumanu - Stipendiary Steward, Ms G Ward - Observer
PersonPresent:
Respondent:
StipendSteward:
raceid: b2c87c8b8470f397756712dd6c384adc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6cb3402b6a8d482cb582ba35e7ea9c1c
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/01/2012
meet_title: Kapiti Coast HRC - 20 January 2012
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "TUtikere", "Member": "", "OtherExpenses": "0", "KMs": "150", "Total": "93.0", "kmprice": 93.0, "Approved": "on"}]
meet_otherexp:
tracklocation: kapiti-coast-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMcCutcheon
meet_pm2: none
name: Kapiti Coast HRC