Waikato BOP H 5 September 2019 – R 1 – Chair, B J Scott
ID: JCA14266
Meet Title:
Harness Racing Waikato - 5 September 2019
Meet Chair:
BScott
Meet Committee Member 1:
GJones
Race Date:
2019/09/05
Race Number:
R1
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
This Committee imposes a fine of $200.00 on Mr Phelan.
Facts:
Following the running of the FAULTY TOWERS AT THE RACES - OCTOBER 3RD MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Amateur Horseman Mr F Phelan alleging that Mr Phelan when driving RUNCLE used his whip inside the final 400 metres of the race in contravention of Clause (b) of the Use of Whip Regulations.
Clause (b) of those Regulations provides : No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse, harness and/or sulky "
Mr Phelan was not present at the Hearing. He had endorsed the Information to the effect that he admitted the breach and he did not wish to be present at the Hearing.
Mr Mulcay demonstrated the incident by use of the race films and showed where Mr Phelan's horse led into the straight. He then showed Mr Phelan using his whip 12 times down the straight. His horse ultimately finished a close second.
Submissions for Penalty:
Mr Mulcay said that Mr Phelan had a good record under this Rule and he admitted the breach. In terms of the Whip Penalty Guidelines he submitted that a fine of $200.00 was appropriate.
Reasons for Penalty:
The race films show the incident clearly and the Committee noted that the strikes were not particularly forceful but the number was outside that specified in the Whip Regulations. The appropriate penalty for this is a fine of $200.00.
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: 6dcac4ec5ba682b89dcaa8fd307beb25
informantnumber: A12213
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the use of the whip regulations
plea: admitted
penaltyrequired: 1
decisiondate: 07/09/2019
hearing_title: Waikato BOP H 5 September 2019 - R 1 - Chair, B J Scott
charge:
facts:
Following the running of the FAULTY TOWERS AT THE RACES - OCTOBER 3RD MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Amateur Horseman Mr F Phelan alleging that Mr Phelan when driving RUNCLE used his whip inside the final 400 metres of the race in contravention of Clause (b) of the Use of Whip Regulations.
Clause (b) of those Regulations provides : No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of "backhanders" and the use applies to the horse, harness and/or sulky "
Mr Phelan was not present at the Hearing. He had endorsed the Information to the effect that he admitted the breach and he did not wish to be present at the Hearing.
Mr Mulcay demonstrated the incident by use of the race films and showed where Mr Phelan's horse led into the straight. He then showed Mr Phelan using his whip 12 times down the straight. His horse ultimately finished a close second.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Mulcay said that Mr Phelan had a good record under this Rule and he admitted the breach. In terms of the Whip Penalty Guidelines he submitted that a fine of $200.00 was appropriate.
reasonsforpenalty:
The race films show the incident clearly and the Committee noted that the strikes were not particularly forceful but the number was outside that specified in the Whip Regulations. The appropriate penalty for this is a fine of $200.00.
penalty:
This Committee imposes a fine of $200.00 on Mr Phelan.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Mr F Phelan - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 9103c37a4451c35f2d7eac23a5b2dc41
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2848e41c3d4fe817928ab0c3dc301457
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/09/2019
meet_title: Harness Racing Waikato - 5 September 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GJones
meet_pm2: none
name: Harness Racing Waikato