Kapiti Coast HRC 4 January 2023 – R4 – Nathan Delany

ID: RIB13979

Respondent(s):
Nathan Delany - Junior Driver

Applicant:
Mr Paul Williams, Stipendiary Steward

Adjudicators:
Mr B Mainwaring (Chair), Mrs N Moffatt

Persons Present:
Mr Williams, Mr Delany, Mr Jay Abernethy (assisting Mr Delany)

Information Number:
A17334

Decision Type:
Race Related Charge

Charge:
Contravention of Whip and Rein Regulations

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

Plea:
Admitted

Animal Name:
VOODOO PRINCE

Code:
Harness

Race Date:
04/01/2023

Race Club:
Kapiti Coast Harness Racing Club

Race Location:
Otaki Racecourse - Te Roto Road, Otaki, 5512

Race Number:
R4

Hearing Date:
04/01/2023

Hearing Location:
Otaki Racecourse

Outcome: Proved

Penalty: Junior Driver, Nathan Delany suspended for 3 days

Evidence:

Following the running of Race 4 an Information was lodged alleging contravention of the Whip and Rein Regulations. The charge was issued under Rule 869(2) which states:

No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the board.

Details of the breach are as follows:

‘In that he used his whip with more than a wrist  flicking motion in the run home when driving Voodoo Prince’.

Using available film Mr Williams identified the incident which took place in the home straight.

Mr Delany confirmed that he agreed with the assertion of the Stewards.

Decision:

As Mr Delany admitted the breach it is deemed to be proved.

Submissions for Penalty:

Mr Delany’s recent record (as it relates to this Rule within the last six months) was presented and is outlined as follows

Auckland TC – 7/10/2022 2 day suspension

Mr Delany has had 54 drives subsequent to the October breach . In providing penalty submission Stewards referred the Adjudicative Committee to the current Penalty Guideline along with definitions provided in respect of breach severity ie: low, medium and high.

Mr Delany did not offer comment around penalty although sought deferment of any suspension to enable him to satisfy driving commitment on 7th January 2023 – Waikato Bay of Plenty Harness.

Reasons for Penalty:

Upon considering all matters the Adjudicative Committee are satisfied that the actions of Mr Delany represent a low range breach of the Whip and Rein Regulations. Upon reference to the Penalty Guidelines a 3 day suspension is considered appropriate. The request for deferment is granted.

Conclusion:

Mr Delany’s Licence to drive in races is suspended from the close of racing on 7 January 2023 up to and including 20 January 2023 – 3 days.

Decision Date: 04/01/2023

Publish Date: 12/01/2023