Waikato BOP H 11 May 2023 – R7 – Nathan Delany

Following the running of Race 7, the Respondent Nathan Delany – Junior Driver, admitted a breach of Rule 869(3)(b); namely that he drove carelessly early in the run home when racing over the track markers causing his gelding to break, losing all chance.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.  The Respondent was supported at the hearing by Doctor Luk Chin-Trainer.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage, Stipendiary Steward Mr Mulcay identified the horses involved in the incident namely, CRUISE LINER, driven by Mr Delany who was 3 back on the marker line and trailing LITTLEBITOFLOVE, as the field turned for home.   He said that shortly after the entrance to the passing lane, Mr Delany attempted to take a run on the inside of LITTLEBITOFLOVE, who had taken up the right to use the passing lane first. Mr Mulcay stated that the gap that Mr Delany was attempting to take was dubious, and as a result, he was forced down over 2 pylons with the horse striking the 3rd pylon, causing his horse to break, losing all chance.

Mr Delany stated that he was full of running despite having a flat tyre and was climbing all over the back of LITTLEBITOFLOVE, before attempting to take a run inside that horse and being forced down over the pylons.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submission for Penalty:

Stipendiary Steward Mr Mulcay produced the Respondent’s record which indicated a clear record.  The Respondent has had 469 lifetime drives, 80 to date this season.

In mitigation, Mr Mulcay said that the Respondent freely admitted the breach and combined with his driving record, should be afforded credit.

Mr Mulcay added that Stewards assessed the breach as mid, with a 3 day suspension being the starting point referred to in the Penalty Guide. He submitted that due to the lack of opportunity for Drivers in the North, he was not opposed to a combined penalty in this case.

The Respondent did not seek a deferment and asked that any suspension begin immediately. He submitted that due to the lack of driving opportunities in the North, requested that a combined penalty be considered in his case.

Reasons for Penalty:

The Penalty Guide provides a penalty starting point of a 3 day suspension for a mid range breach of this Rule.

The Adjudicative Committee also found the breach to be mid range and after taking into consideration all submissions including Mr Delany’s good record, his admission of the breach, and the lack of opportunity in the north, determined that a 2 day suspension and a fine of $200 be imposed.

Conclusion:

The Respondent was suspended from the conclusion of racing today, 11 May 2023 up to and including 19 May 2023 and in addition, fined the sum of $200. Relevant meetings in this period are Cambridge – 18 May 2023 and Auckland – 19 May 2023.