Auckland TC 8 April 2022 – R4 – Nathan Delany

Summary of Facts:

Following the running of Race 4, the Respondent, Junior Driver Nathan Delany admitted a breach of Whip Rule 869 (2).  The particulars of the charge are that “he used his whip with more than wrist only flicking motion in the run home when driving SAFRAKOVA”.

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.

Mr Delany was assisted at the hearing by Senior Driver Mr A Poutama.

Stipendiary Steward Mr Dooley used available video footage to demonstrate the breach. He pointed out that the Respondent applied 3 strikes using more than a flicking motion.  SAFRAKOVA was in front for most of the run up the home straight and won the race.  He added that the breach was assessed to be low end.

In response, the Respondent had nothing to add.  On his behalf Mr Poutama said that Mr Delany is trying hard with his whip action and on this occasion, he got a bit excited as he was in front and won the race.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Dooley produced the Respondent’s record which indicated two previous whip breaches, namely:

02/01/22 at Wairarapa, fined $400

04/02/22 at Hawera, suspended 3 days.

Mr Dooley submitted that Stewards assessed the breach to be low level, but due to Mr Delany having had two previous breaches, and he won the race, a suspension in the vicinity of 3 days is sought.  He added that Stewards would have sought a 4-day suspension, but for the fact that two out of the next 3 meetings in the North are Premier meetings.

The Respondent offered no submissions as to penalty, but sought a deferment to any proposed suspension until after racing on 14 April 2022.  Mr Poutama advised that a fine would be preferable, but he accepted that due to Mr Delany’s record a suspension is inevitable.

Reasons For Penalty:

After consideration of the evidence including the race films, the Adjudicative Committee assessed the breach as low level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

The Penalty Guide for a low-level breach provides for a fine $200-$400 (first offence). However, given Mr Delany’s record he is deemed a repeat offender and a suspension is an appropriate starting point.

Mr Delany won the race, but his whip use (i.e., the 3 strikes are not deemed to be a determinative factor in the result of the race).

Having considered all of the factors a 3-day suspension is imposed.  The suspension recognises the fact that two of the three meetings covered by the suspension are Premier nights, which constitute lost opportunities for Mr Delany who will now have to ‘sit out’ these two feature meetings.

The Respondent’s application for a deferment until after racing on 14 April 2022 is granted.

Conclusion:

The Respondent Junior Driver Mr Delany is suspended for a period of 3 days, commencing after racing on 14 April 2022 and concluding after racing on 29 April 2022.