NZ Metro TC 14 February 2020 – R 9 – Chair, Mr R McKenzie
ID: JCA15034
Meet Title:
NZ Metro TC - 14 February 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2020/02/14
Race Number:
R9
Decision:
Mr Phelan having admitted the charge, the charge is found proved.
Penalty:
Mr Phelan’s application for a deferment of suspension is granted.
Mr Phelan’s Open Driver’s licence is suspended from after the close of racing on 21 February 2020 up to and including 29 February 2020 – 3 days. The meetings intended to be encompassed by the period of suspension are Stratford TC on 27 February, the premier meeting at Auckland TC on 28 February and Taranaki Racing on 29 February 2020.
In addition, Mr Phelan is fined the sum of $500.
Facts:
Following the running of Race 9, PGG Wrightson NZ Standardbred Breeders Stakes Mobile Pace (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr S D T Phelan, alleging that Mr Phelan, as the driver of WAINUI CREEK in the race, “used his whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations ”.
Mr Phelan had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(2) 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.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out WAINUI CREEK, driven by Mr Phelan, trailing the leader, BETTORS HEART (J R Dunn) as the field entered the final straight. The mare then took the passing lane and, shortly after, Mr Phelan commenced using his whip and, Mr Ydgren submitted, used it 11 times to the finishing line. The Committee agreed with the count of 11 and, when asked by the Committee, Mr Phelan accepted the alleged count of 11.
Mr Phelan did not wish to make any comment in response to Mr Ydgren’s submissions or with reference to the video replay.
Submissions for Penalty:
Mr Ydgren told the hearing that Mr Phelan had a clear record over the last 12 months. He referred to the penalty prescribed in the Use of the Whip Regulations for a breach involving a number of strikes in the range of 11-13 – a fine of $200. However, Mr Ydgren said, this race was a Group 1 race and Stewards were, therefore, seeking a suspension.
Mr Ydgren referred the Committee to the penalties imposed in two cases of breaches of the rule last season in Group 1 races. Stewards were seeking a term of suspension of 3 days, and were not opposed to a fine in addition to a term of suspension, Mr Phelan having won the race.
Mr Ydgren told the Committee that Mr Phelan has had 217 drives this season and, in the 2018/2019 season, had 299 drives.
Mr Phelan referred the Committee to his good record.
Upcoming meetings were then looked at. Mr Phelan sought a deferment of suspension until after the meeting of Waikato-Bay of Plenty TC meeting on 21 February 2020. He told the hearing that he drives at meetings all over the North Island – he had driven at Palmerston North the previous evening, he said.
Reasons for Penalty:
This was a Group 1 race for a stake of $100,000. The prescribed penalty in the Regulations - a fine of $200 – has no relevance. Penalties for excessive use of the whip in major races have come under the industry spotlight, and this is particularly so where the use of the whip may have assisted the horseman in winning the race, as was the case here. The Committee noted that WAINUI CREEK won the race by the narrow margin of a ½ neck.
Each breach will be different, and we accept that the circumstances of this particular breach will differ from those of the previous cases referred to by Mr Ydgren in his penalty submissions. We have not felt bound to follow the penalties imposed in earlier cases, although we have taken note of them.
The relevant circumstances of the present case, the Committee finds, are that Mr Phelan won the race narrowly and the strikes, although just over the threshold number-wise, were delivered with some force, the Committee finds. We have not overlooked Mr Phelan’s previous good record in arriving at penalty.
The Committee believes that it is appropriate, in cases where the driver has won the race, and we are still talking about major races, to impose a fine in addition to a period of suspension and we do this in this case.
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: 9ce211b68bcfa21dc7b1e188e3787872
informantnumber: A12366
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 16/02/2020
hearing_title: NZ Metro TC 14 February 2020 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, PGG Wrightson NZ Standardbred Breeders Stakes Mobile Pace (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr S D T Phelan, alleging that Mr Phelan, as the driver of WAINUI CREEK in the race, “used his whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations ”.
Mr Phelan had signed the Statement by the Respondent on the information form indicating that he admitted the charge. He confirmed this at the hearing, at which he was present.
Rule 869 provides as follows:
(2) 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.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Ydgren showed a video replay of the final 400 metres of the race. He pointed out WAINUI CREEK, driven by Mr Phelan, trailing the leader, BETTORS HEART (J R Dunn) as the field entered the final straight. The mare then took the passing lane and, shortly after, Mr Phelan commenced using his whip and, Mr Ydgren submitted, used it 11 times to the finishing line. The Committee agreed with the count of 11 and, when asked by the Committee, Mr Phelan accepted the alleged count of 11.
Mr Phelan did not wish to make any comment in response to Mr Ydgren’s submissions or with reference to the video replay.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Phelan having admitted the charge, the charge is found proved.
sumissionsforpenalty:
Mr Ydgren told the hearing that Mr Phelan had a clear record over the last 12 months. He referred to the penalty prescribed in the Use of the Whip Regulations for a breach involving a number of strikes in the range of 11-13 – a fine of $200. However, Mr Ydgren said, this race was a Group 1 race and Stewards were, therefore, seeking a suspension.
Mr Ydgren referred the Committee to the penalties imposed in two cases of breaches of the rule last season in Group 1 races. Stewards were seeking a term of suspension of 3 days, and were not opposed to a fine in addition to a term of suspension, Mr Phelan having won the race.
Mr Ydgren told the Committee that Mr Phelan has had 217 drives this season and, in the 2018/2019 season, had 299 drives.
Mr Phelan referred the Committee to his good record.
Upcoming meetings were then looked at. Mr Phelan sought a deferment of suspension until after the meeting of Waikato-Bay of Plenty TC meeting on 21 February 2020. He told the hearing that he drives at meetings all over the North Island – he had driven at Palmerston North the previous evening, he said.
reasonsforpenalty:
This was a Group 1 race for a stake of $100,000. The prescribed penalty in the Regulations - a fine of $200 – has no relevance. Penalties for excessive use of the whip in major races have come under the industry spotlight, and this is particularly so where the use of the whip may have assisted the horseman in winning the race, as was the case here. The Committee noted that WAINUI CREEK won the race by the narrow margin of a ½ neck.
Each breach will be different, and we accept that the circumstances of this particular breach will differ from those of the previous cases referred to by Mr Ydgren in his penalty submissions. We have not felt bound to follow the penalties imposed in earlier cases, although we have taken note of them.
The relevant circumstances of the present case, the Committee finds, are that Mr Phelan won the race narrowly and the strikes, although just over the threshold number-wise, were delivered with some force, the Committee finds. We have not overlooked Mr Phelan’s previous good record in arriving at penalty.
The Committee believes that it is appropriate, in cases where the driver has won the race, and we are still talking about major races, to impose a fine in addition to a period of suspension and we do this in this case.
penalty:
Mr Phelan’s application for a deferment of suspension is granted.
Mr Phelan’s Open Driver’s licence is suspended from after the close of racing on 21 February 2020 up to and including 29 February 2020 – 3 days. The meetings intended to be encompassed by the period of suspension are Stratford TC on 27 February, the premier meeting at Auckland TC on 28 February and Taranaki Racing on 29 February 2020.
In addition, Mr Phelan is fined the sum of $500.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: S D T Phelan, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: bda6242468ea64b72c7d2ffcbdaf477a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b788875a67c657a413b7233631784290
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/02/2020
meet_title: NZ Metro TC - 14 February 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC