Manawatu HRC 13 February 2024 – R8 (heard 15 February 2024 at Palmerston North) – Nathan Delany

Background:

An Information was lodged alleging a breach of Rule 869(2).  The alleged breach related to Race 8 of the first night of the Manawatu Harness Racing Meeting on 13 February 2024 and was provided prior to Race 1 of the second night of the meeting on 15 February 2024 – Rule 1105 refers.

Details of the breach are ‘in that he used his whip with more than a flicking motion in the run home’.

Rule 869(2) provides that ‘ No driver shall during a race use a whip in a manner in contravention of the Whip and Rein Regulations made by the board’ where the Regulations provide ‘A driver may only apply the whip in a wrist flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder’. The Regulations provide definition in respect of wrist only flicking motion.

Mr Delany confirmed that he understood the Rule and admitted the breach.

Evidence:

Using available film, Stewards identified the incident. Entering the home straight, SANTANNA MACH was in the second half of the field, wide and looking to improve. The Respondent is seen to strike his drive in a non compliant manner on 5 occasions. The horse finished third in the event. Mr Delany agreed with the film and had no further comment.

Decision:

As the breach was admitted, it is deemed proved.

Submissions as to Penalty:

Stewards outlined the Respondent’s record over the two month reset period. Two previous breaches were noted, including Manawatu HRC 14/12/2023 – $250 fine and Auckland TC 29/12/2023 – 4 day suspension. Stewards contended the current breach to be low range and referred to the HRNZ Penalty Guide. Same does not specifically address a 3rd breach starting point, with Stewards seeking an uplift on that recommended for a 2nd breach – 2 days suspension. Mr Delany asked that any suspension imposed, be deferred until after the close of racing on 16 February 2024.

Reasons for Penalty:

The offence is satisfactorily identified by film. The Adjudicative Committee agrees that the breach remains low range. An uplift on the 2nd breach starting point is necessary, albeit acknowledging that the Respondent’s 1st breach was within 1 day of ‘falling off’ record. A suspension of 4 days is imposed. The Respondent’s request for deferment is granted.

Conclusion:

The Respondent’s Licence to drive is suspended from the close of racing on 16 February 2024, up to and including 7 March 2024. Meetings affected are Waikato/BOP on 23/2/2024 and 25/2/2024, Auckland on 1/3/2024 and Waikato/BOP on 7/3/2024.