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13 Dec 2018
Manawatu-Hrc - R3

Manawatu HRC 13 December 2018 - R 3 - Chair, Mr T Utikere

Created on 14 December 2018

TUtikere (chair)
Mr S Phelan - Licensed Open Horseman
Mr S Wallis - Stipendiary Steward
Information Number
Contravention of the Use of Whip Regulations

Following the running of Race 3 (Outback Trading Mobile Pace 2500m), Information A10258 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and the ‘Use of the Whip’ Regulations in that Mr Phelan "... used his whip on more occasions than permitted over the final 400m".

Mr Phelan signed the Information acknowledging that he admitted the breach. He also endorsed the Information indicating that he did not wish to attend the hearing.

Rule 869(2) states: "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."

Using the side-on film Mr Wallis identified MILNER racing in a three wide position with over approaching the 400 metres. Mr Phelan was then observed to use his whip on 12 occasions within the final 400m.
While Mr Phelan was not present, Mr Wallis advised the Committee that he had seen the films and agreed that he had used his whip 12 times.


As the charge was admitted, the Committee deemed the charge proved.

Submission For Penalty:

It was identified that Mr Phelan was a busy driver, having had 367 drives last season, and prior to tonight’s meeting he had 111 drives thus far. Mr Wallis submitted that he had a clear record under this rule and the Stipendiary Stewards submitted a $200 fine as appropriate. Mr Wallis also confirmed that Mr Phelan was aware of the sliding scale identified with the Use of Whip Regulations.

Reasons For Penalty:

It is clear from the side-on film that Mr Phelan used his whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. While the Committee notes the Respondent's early admission and that this is his first breach of the rule, it considers a mitigation inclusive fine as identified in the Regulation's sliding scale as appropriate.


Mr Phelan is fined $200.

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