Auckland TC 26 November 2021 – R1 – Frank Phelan

SUMMARY OF FACTS:

Following the running of the DRAG BINGO IS BACK DEC 9 – THE ALEX BAR MOBILE PACE an Information was lodged by Stipendiary Steward Miss P Kinsey against Amateur Driver Mr F Phelan alleging that Mr Phelan as the Driver of ACE STRIKE allowed his horse to shift in entering the first turn when not sufficiently clear of HIGHVIEW JUSTICE (Driver J Kriechbaumer) which was crowded onto MIGHTY MONICA (Driver Miss S Wigg) causing that horse to be forced over the peg line.

Mr Phelan was present at the Hearing and he advised that he admitted the breach.

EVIDENCE:

Miss Kinsey demonstrated the incident by use of the available race films. She showed where ACE STRIKE which had drawn wide on the Mobile Barrier was wide going into the first bend but Mr Phelan was moving inwards and aiming to take the lead.

Miss Wigg was on the running line and Mr Kriechbaumer was outside her. Mr Phelan was initially clear of them but by the time he had moved inwards the other two horses had moved up towards the lead. Mr Phelan continued to move inwards and in doing so he pushed HIGHVIEW JUSTICE down onto MIGHTY MONICA which ran out of room and ran over the pylons.

Mr Phelan said that he was initially clear but he said that Mr Kriechbaumer had pushed up when he shouldn’t have and he suggested that Mr Kriechbaumer’s horse was over racing and that contributed to MIGHTY MONICA being pushed over the pylons.

In response to the Committee’s question Mr Phelan did say that Mr Kriechbaumer had called out to him but although he tried to restrain his horse the incident still happened. He said his horse switches off and on during the running and that may have contributed to the incident.

REASON FOR DECISION:

The incident is clearly shown on the race films and Mr Phelan has continued to move inwards and towards the lead without any regard for the horses inside him.

The Committee doesn’t accept Mr Phelan’s assertion that Mr Kriechbaumer was not entitled to move forward when he did. He clearly was. Further to that the Committee doesn’t accept that Mr Kriechbaumer contributed to the incident at all.

SUBMISSION FOR PENALTY:

Miss Kinsey submitted that because 2 horses were interfered with the Stewards thought that a fine between $300 and $400 was appropriate.

REASON FOR PENALTY:

Mr Phelan, in the Committee’s view, is an experienced Amateur Driver and he should have expected that horses would be pushing up inside him but he carried on regardless.

The Committee believes that the fine should be at the upper range submitted by the Stewards.

CONCLUSIONS:

Mr Phelan is fined $400.