Kumeu TC – 7 March 2006 – Race 6
ID: JCA19454
Hearing Type (Code):
harness-racing
Meet Title:
Kumeu TC - 7 March 2006
Race Date:
2006/03/07
Race Number:
Race 6
Decision: --
An information lodged by Stipendiary Steward, Mr J Muirhead, against Mr S Phelan, driver of ABOYCALLEDSU, alleging a breach of Rule 869(3)(b)
--
DECISION & REASON:
--An information lodged by Stipendiary Steward, Mr J Muirhead, against Mr S Phelan, driver of ABOYCALLEDSU, alleging a breach of Rule 869(3)(b) in that he moved his horse outwards with approximately 175 metres to run, causing a severe check to GRIDLOCK, driven by Mr B Mangos, which broke and lost its chance.
--Mr Phelan denied the breach and was present at the hearing.
--Mr Muirhead showed the video film of the incident. He said Mr Phelan turned his horse's head outwards, hit the horse with his whip, leaned over outwards, hit the horse again with the whip. He said Mr Phelan was responsible for the outward movement of the horse. The horse came into contact with GRIDLOCK and caused that horse to break and lose its chance.
--Mr Phelan said his horse was wearing a boring pole on the offside. When he pulled the horse out, the horse moved away from the pole, which exaggerated the outward movement. He said the horse continued to move outwards in the run home. He said he had tried to correct his horse when he got close to GRIDLOCK. He also said the driving conditions were shocking and he thought he had more room than he did. In answer to questions from Mr Muirhead, Mr Phelan acknowledged that he had turned his horse's head out and then hit it with the whip.
--The Committee accepted the evidence of Mr Muirhead. His evidence was confirmed by the video film. Mr Phelan was responsible for the outward movement of the horse at a time when GRIDLOCK had another horse racing on its outer. Mr Phelan caused the interference to GRIDLOCK.
--The Committee found the charge proven but accepted there were mitigating factors.
--Penalty:
--Mr Muirhead suggested a 2-4 day suspension, or a fine in the region of $500. He said Mr Phelan had not committed any breaches of the rules in the last 12 months. He said the offending was at the lower end of the scale.
--Mr Phelan said he thought a fine was sufficient.
--In fixing penalty, the Committee took into account the submissions of Mr Muirhead and Mr Phelan, Mr Phelan's excellent driving record, the fact that relegation resulted, the mitigating circumstances and that the offending was at the lower end of the scale. Balancing those matters, the Committee imposed a fine of $350.
--B Rowe, Chairman
--K Coutts
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: 59b3f499967a750b8184f21a1c651dae
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 07/03/2006
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Kumeu TC - 7 March 2006 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
--An information lodged by Stipendiary Steward, Mr J Muirhead, against Mr S Phelan, driver of ABOYCALLEDSU, alleging a breach of Rule 869(3)(b)
--
DECISION & REASON:
--An information lodged by Stipendiary Steward, Mr J Muirhead, against Mr S Phelan, driver of ABOYCALLEDSU, alleging a breach of Rule 869(3)(b) in that he moved his horse outwards with approximately 175 metres to run, causing a severe check to GRIDLOCK, driven by Mr B Mangos, which broke and lost its chance.
--Mr Phelan denied the breach and was present at the hearing.
--Mr Muirhead showed the video film of the incident. He said Mr Phelan turned his horse's head outwards, hit the horse with his whip, leaned over outwards, hit the horse again with the whip. He said Mr Phelan was responsible for the outward movement of the horse. The horse came into contact with GRIDLOCK and caused that horse to break and lose its chance.
--Mr Phelan said his horse was wearing a boring pole on the offside. When he pulled the horse out, the horse moved away from the pole, which exaggerated the outward movement. He said the horse continued to move outwards in the run home. He said he had tried to correct his horse when he got close to GRIDLOCK. He also said the driving conditions were shocking and he thought he had more room than he did. In answer to questions from Mr Muirhead, Mr Phelan acknowledged that he had turned his horse's head out and then hit it with the whip.
--The Committee accepted the evidence of Mr Muirhead. His evidence was confirmed by the video film. Mr Phelan was responsible for the outward movement of the horse at a time when GRIDLOCK had another horse racing on its outer. Mr Phelan caused the interference to GRIDLOCK.
--The Committee found the charge proven but accepted there were mitigating factors.
--Penalty:
--Mr Muirhead suggested a 2-4 day suspension, or a fine in the region of $500. He said Mr Phelan had not committed any breaches of the rules in the last 12 months. He said the offending was at the lower end of the scale.
--Mr Phelan said he thought a fine was sufficient.
--In fixing penalty, the Committee took into account the submissions of Mr Muirhead and Mr Phelan, Mr Phelan's excellent driving record, the fact that relegation resulted, the mitigating circumstances and that the offending was at the lower end of the scale. Balancing those matters, the Committee imposed a fine of $350.
--B Rowe, Chairman
--K Coutts
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 099cda5993ee533330a387512f98f01b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bc9a30353f8823d611c7b784d9f50faa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/03/2006
meet_title: Kumeu TC - 7 March 2006
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumeu-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Kumeu TC