Auckland TC 7 October 2022 – R9 – Nathan Delany

Summary of Facts:

Following the running of Race 9, the Respondent Nathan Delany admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip with more than a wrist flicking motion in the run home.

Rule 869 provides that:

(2) No Driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Stipendiary Steward Mr Renault used available video footage to demonstrate the breach.  He identified N Delany driving GWYNETH P. He said that Mr Delany used his whip with more than a wrist flicking motion on a number of occasions from the 150m to the finish line.

In response, Mr Delany advised the Adjudicative Committee that he knew immediately after the race that he had breached the Rule.

Mr Stormont who was assisting Mr Delany said that Mr Delany also trained the horse he was driving and it was in a winning position and perhaps his emotions may have got the better of him.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Renault produced Mr Delany’s record which indicated one prior breach which had occurred 6 months ago to the day. He said that in this regard, the Stewards would assess the breach in the mid range and as a first offence. Mr Renault said that the Penalty Guide provided for a $500 fine or a two day suspension.

The Respondent submitted that he would prefer a suspension and that he would look to take the suspension immediately.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as mid range.

A medium-level breach  is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.

A medium-level breach, the start point is either to be a fine ($500) or period of suspension (2 meetings/days).

Having considered all factors, the Adjudicative Committee deemed a suspension of 2 days to be an appropriate penalty.

Conclusion:

Mr Delany is suspended for a period of 2 Northern driving days commencing after racing 7/10/22 and concluding after racing 20/10/22.

13/10/22 Waikato

20/10/22 Auckland