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Waikato BOP Harness 29 December 2023 – R3 – Nathan Delaney

ID: RIB31184

Respondent(s):
Nathan Delaney - Junior Driver

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr A Smith (Chair)

Persons Present:
Mr Mulcay, Mr Delaney, Mr L Hollis assisting Mr Delaney

Information Number:
A19413

Decision Type:
Race Related Charge

Charge:
Using his whip with more than a wrist flicking motion

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

Plea:
Admitted

Animal Name:
BET WEST

Code:
Harness

Race Date:
29/12/2023

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R3

Hearing Date:
29/12/2023

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Junior Driver, Nathan Delaney suspended for 4 driving days

Summary of Facts:

Following the running of Race 3, the Respondent, Nathan Delaney 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 rounding the final turn and early in the run home.

Mr Delaney was assisted by Mr Hollis.

Rule 869 provides that:

(2) No horseman 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, S Mulcay used available video footage to demonstrate the breach. He said that Mr Delaney commenced to use his whip from just prior to the entrance of the home straight for some distance into the home straight in more than a wrist flicking motion.

In response, Mr Delaney offered no comment.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Mulcay said that the Stewards viewed the breach at the mid range level.

He said that it had only been 7 drives since a similar breach and this was Mr Delaney’s 2nd breach within the 2 month reset period.

Mr Mulcay said that the Stewards would be seeking a penalty in line with the Guidelines.

Mr Hollis on behalf of the Respondent advised that Mr Delaney may have commitments at the two upcoming Central District race meetings. Mr Delaney initially indicated that he may not, but it was later confirmed that Mr Delaney did have declared drives at the Wairarapa meeting on the 2nd of January that he was required to fulfil.

On this basis Mr Delaney requested a deferment until after racing on the 4th of January (the 2nd of the two CD meetings)

 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, Mr Delaney engaged his elbow in using his whip for approximately 120-150m.

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, has a start point of a 4 day suspension if this is the 2nd whip breach within the reset period.

When assessing penalty the Adjudicative Committee considered it an aggravating factor that Mr Delaney had breached the same Rule only 7 drives prior, and while there was no uplift in penalty as a result, it did negate any potential reduction in penalty from the starting point.

The Respondent sought a 5 day deferment to any proposed suspension.

Having considered all factors, the Adjudicative Committee deemed a suspension of 4 driving days to be an appropriate penalty.

Conclusion:

The Respondent is granted a deferment of 4 days with suspension commencing after racing on the 4th of January and concluding after racing on the 26th of January.

The meetings included in the suspension are:

7th January Waikato

11th January Waikato

19th January Waikato

26th January ATC.

Decision Date: 29/12/2023

Publish Date: 01/01/2024