Auckland TC 14 September 2023 – R9 – Nathan Delany

ID: RIB27353

Respondent(s):
Nathan Delany - Junior Driver

Applicant:
Mr Steve Mulcay

Adjudicators:
Mr M Godber and Mr G Jones

Persons Present:
Mr Shane Renault, Mr Steve Mulcay, Mr N Delany and Mr M White (support person)

Information Number:
A16392

Decision Type:
Race Related Charge

Charge:
Using the whip with more than a wrist flicking motion.

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
ALANA

Code:
Harness

Race Date:
14/09/2023

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R9

Hearing Date:
14/09/2023

Hearing Location:
Alexandra Park

Outcome: Proved

Penalty: Junior Driver Nathan Delany is fined $250

Summary of Facts

Following the running of Race 9, the Respondent Junior Driver Nathan Delany, admitted a breach of Whip Rule 869(2).

Senior Stipendiary Steward Mr Shane Renault used the available video film to demonstrate that Mr Delany had twice used the whip with more than a flicking motion on the turn into the straight on the horse ALANA. Mr Renault noted he had then been compliant in his whip action over the rest of the home straight.

In response, neither the Respondent nor his support person Mr White, had anything to add.

Decision

The charge is admitted and therefore proved.

Submissions for Penalty 

Mr Renault advised that Mr Delany had a good record and had had 108 drives this season. This was his first offence within the 6 months reset period (his previous offence being on 4 January 2023). He had a warning on 24 August, so this charge would be treated as a first offence. The Stewards viewed the offending to be at the lower end and recommended a fine of $250.

The Respondent and his support person did not offer any submissions as to penalty.

Reasons for Penalty

After considering the film evidence, taking account of Mr Delany’s good record, and his Junior Driver status, the Adjudicative Committee determined that the breach was at the lower end and therefore imposed a fine of $250.

Conclusion

The Respondent was fined the sum of $250.

Decision Date: 14/09/2023

Publish Date: 15/09/2023