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Counties RC 27 May 2021 – R 3 – Chair, Mr A Smith

Created on 31 May 2021

Rules:
638(3)(b)(ii)
Committee:
ASmith (chair)
Name(s):
Mr S Phelan – Rider of JUDAH
Mr A Dooley – Stipendiary Steward
Informant
Mr A Coles –Stipendiary Steward
Information Number
A13911
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

This charge arises from the running of Race 3, A Maiden Highweight event over 1600m. An Information was filed pursuant to Rule 638(3)(b)(ii) by the Informant, Mr Coles, alleging that Class D Rider, Mr S Phelan used his whip excessively when riding JUDAH prior to the 100 metres.

Mr Phelan said that he understood the Rule and confirmed that he admitted the breach.

Rule 638(3)(b)(ii) provides:
A Rider shall not strike a horse with a whip in a manner or to an extent which is:
(i) unnecessary, or
(ii) excessive, or
(iii) improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:
Flat Races
Prior to the 100-metre mark in a race, official trial or jump out:
(i) The whip should not be used on more than 5 occasions.
(ii) The whip should not be used in consecutive strides.
(iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.
In the final 100 metres, the whip may be used at the Rider’s discretion.

Using available Race film footage Mr Dooley demonstrated the breach. He identified Mr Phelan’s mount, JUDAH, and counted Mr Phelan striking his horse on 8 occasions prior to the 100m
In response, Mr Phelan said that he agreed with the number of strikes and mistook the mark on the rail at the 200m for the 100m mark.

Decision:

As Mr Phelan admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Coles said that Mr Phelan had a very good and clear record under the Rule.

Mr Phelan had nothing to add in relation to penalty submissions.

Reasons For Penalty:

The Guidelines propose a starting point of $300 for a first breach. The Committee sees no reason to deviate from the starting point.

Penalty:

Mr Phelan is fined $300.

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