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Waikato BOP H 5 September 2019 - R 1 - Chair, B J Scott

Created on 09 September 2019

Rules:
Rule 869(2)
Committee:
BScott (chair)
GJones
Name(s):
Mr F Phelan - Amateur Horseman
Informant
Mr S Mulcay - Senior Stipendiary Steward
Information Number
A12213
Plea:
Admitted
Charge:
Contravention of the use of the whip regulations
Evidence:

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.

Decision:

The breach is admitted and therefore the charge is proved.

Submission 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.

Penalty:

This Committee imposes a fine of $200.00 on Mr Phelan.

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