Waikato BOP HI 19 October 2017 – R 1- Chair, Mr A Godsalve
ID: JCA18179
Meet Title:
Harness Racing Waikato - 19 October 2017
Meet Chair:
AGodsalve
Meet Committee Member 1:
BScott
Race Date:
2017/10/19
Race Number:
R1
Decision:
As Mr Phelan has admitted the breach we found the charge proved.
Penalty:
The Committee therefore imposed a fine of $200 on Mr Phelan.
Facts:
Following the running of Race 1, the MELBOURNE CUP AT CAMBRIDGE RACEWAY MOBILE PACE 2200m, Mr Muirhead presented an Information alleging that Amateur Horseman, Mr F Phelan, driving P TOMADO, had allowed his horse to protrude inside the marker line for some distance leaving the final bend.
Mr Phelan was present at the hearing. He acknowledged that he understood the Rule, and that he admitted the breach.
Rule 869(7A)(b) provides that: 'Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line'.
Using the available films Mr Muirhead identified the horse P TOMADO as the field entered the final straight. The horse was trailing the leader on the inside and was to have the advantage of using the passing lane. As the horse rounded the final corner it was clear on the films that Mr Phelan allowed it to drift inwards slightly. In doing so the inner sulky wheel protruded over the markers, and in fact drove inside 8 marker pegs before being corrected by Mr Phelan. Mr Muirhead added that the Stewards did not believe that P TOMADO gained any significant advantage by being inside the marker pylons.
Mr Phelan said that the horse was known to hang in and was racing keenly on the leaders back coming into the home straight. He added that he knew that the sulky wheel had crossed into the pylon lane but he couldn't keep the horse out.
In reply to a question from the Committee Mr Phelan agreed that he had previously driven the horse several times in races. He also stated that the horse usually wore a special bit to prevent him from hanging but that piece of equipment had not been available for use on the horse in this race.
Submissions for Penalty:
Mr Muirhead referred to the JCA Penalty Guide which provided for a fine of $200 or a 4 drive penalty for a breach of this Rule. He added that the Stewards considered the breach to be at the lower end of the scale, and that Mr Phelan had no other breaches of this Rule recorded on his record within the past 12 months.
Mr Phelan acknowledged that a fine was to be expected for this breach.
Reasons for Penalty:
The Committee confirmed that the JCA Penalty Guide provides a fine of $200 or a 4 drive suspension for a breach of this Rule. We took into account Mr Phelans admission of the breach, and that he did not have any other breaches of this Rule recorded on his record. Other drivers have been in the main fined $200 for a breach of this Rule in similar circumstances and we believed that we should be consistant with that fact when applying a penalty in this matter.
JCA Decision Fields (raw)
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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: f7ada10c43a0c39c78d5240931bdd09c
informantnumber: A2632
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Allowing horse to race inside markers
plea: admitted
penaltyrequired: 1
decisiondate: 19/10/2017
hearing_title: Waikato BOP HI 19 October 2017 - R 1- Chair, Mr A Godsalve
charge:
facts:
Following the running of Race 1, the MELBOURNE CUP AT CAMBRIDGE RACEWAY MOBILE PACE 2200m, Mr Muirhead presented an Information alleging that Amateur Horseman, Mr F Phelan, driving P TOMADO, had allowed his horse to protrude inside the marker line for some distance leaving the final bend.
Mr Phelan was present at the hearing. He acknowledged that he understood the Rule, and that he admitted the breach.
Rule 869(7A)(b) provides that: 'Every horseman who moves inwards shall ensure that any part of the sulky does not protrude inside the marker line'.
Using the available films Mr Muirhead identified the horse P TOMADO as the field entered the final straight. The horse was trailing the leader on the inside and was to have the advantage of using the passing lane. As the horse rounded the final corner it was clear on the films that Mr Phelan allowed it to drift inwards slightly. In doing so the inner sulky wheel protruded over the markers, and in fact drove inside 8 marker pegs before being corrected by Mr Phelan. Mr Muirhead added that the Stewards did not believe that P TOMADO gained any significant advantage by being inside the marker pylons.
Mr Phelan said that the horse was known to hang in and was racing keenly on the leaders back coming into the home straight. He added that he knew that the sulky wheel had crossed into the pylon lane but he couldn't keep the horse out.
In reply to a question from the Committee Mr Phelan agreed that he had previously driven the horse several times in races. He also stated that the horse usually wore a special bit to prevent him from hanging but that piece of equipment had not been available for use on the horse in this race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Phelan has admitted the breach we found the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Penalty Guide which provided for a fine of $200 or a 4 drive penalty for a breach of this Rule. He added that the Stewards considered the breach to be at the lower end of the scale, and that Mr Phelan had no other breaches of this Rule recorded on his record within the past 12 months.
Mr Phelan acknowledged that a fine was to be expected for this breach.
reasonsforpenalty:
The Committee confirmed that the JCA Penalty Guide provides a fine of $200 or a 4 drive suspension for a breach of this Rule. We took into account Mr Phelans admission of the breach, and that he did not have any other breaches of this Rule recorded on his record. Other drivers have been in the main fined $200 for a breach of this Rule in similar circumstances and we believed that we should be consistant with that fact when applying a penalty in this matter.
penalty:
The Committee therefore imposed a fine of $200 on Mr Phelan.
hearing_type: Hearing
Rules: Rule 869(7A)(b)
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr F Phelan - Amateur Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6da048cbf3561d1d60ce87a9d4d6bd06
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: 7bd3811525f3d9ddd48fdde3c5e71612
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/10/2017
meet_title: Harness Racing Waikato - 19 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: BScott
meet_pm2: none
name: Harness Racing Waikato