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Racing NSW Stewards today considered the matter of penalty in respect of six (6) charges of improper conduct, under AR228(b), of which registered owner Mr Steven Phelps was found guilty by Stewards on 5 December 2023.

At the previous hearing on 5 December 2023, Mr Phelps was found guilty of the improper conduct charges, however, Stewards acceded to his request to further adjourn consideration of penalty in respect of those charges.

Having heard further submissions from Mr Phelps at today’s hearing, Stewards issued the following penalties.

Charge 1

AR228(b) Improper conduct towards licensed trainer Mr Ethan Ensby on 12 July 2023.
Plea - Not Guilty
Finding - Guilty
Penalty - 3 months disqualification

Charge 2

AR228(b) Improper conduct towards licensed stablehand Mrs Carol Ensby on 12 July 2023.
Plea - Not Guilty
Finding - Guilty
Penalty - 4 months disqualification

Charge 3

AR228(b) Improper conduct after becoming involved in a heated verbal exchange with licensed stable hand Mr Brian Ensby on 12 July 2023
Plea - Not Guilty
Finding - Guilty
Penalty - 4 months disqualification (wholly concurrent with penalty relative to charge 2)

Charge 4

AR228(b) Improper conduct towards licensed trainer Mr Ethan Ensby on 22 July 2023.
Plea - Not Guilty
Finding - Guilty
Penalty - 3 months disqualification (wholly concurrent with penalty relative to charge 1)

Charge 5

AR228(b) Improper conduct towards licensed trainer Mr Ethan Ensby on 27 July 2023.
Plea - Not Guilty
Finding - Guilty
Penalty - 3 months disqualification (wholly concurrent with penalty relative to charge 1)

Charge 6

AR228(b) Improper conduct towards licensed trainer Mr Ethan Ensby on 1 October 2023.
Plea - Not Guilty
Finding - Guilty
Penalty - 3 months disqualification (wholly concurrent with penalty relative to charge 1)

Penalty

Stewards considered submissions made by Mr Phelps in respect of penalty with the following penalty considerations also being taken into account.

1. The objective seriousness of the conduct towards fellow racing participants.
2. Mr Phelps' poor disciplinary record which included previous terms of disqualification for conduct related matters.
3. Personal and professional circumstances.
4. Principle of specific and general deterrence and what message is to be sent to the industry, and greater public, in respect to such conduct.
5. Purpose of issuing penalties as a protective measure for the image and integrity of the Thoroughbred Racing Industry.

Having regard to the principles of totality of penalty, in addition to the orders in respect of concurrency as set out above, Stewards ruled that the total penalty imposed upon Mr Phelps is that he be disqualified for a total period of 7 months. Such disqualification to commence immediately and to expire on 12 July 2024.

Mr Phelps was advised of his appeal rights.

Relevant Rule
AR228 Conduct detrimental to the interests of racing

 A person must not engage in:

(b) misconduct, improper conduct or unseemly behaviour.