Wairarapa HRC 2 January 2021 – R5 (heard 5 January 2022 at Otaki) – Nathan Delany

ID: RIB6977

Respondent(s):
Nathan Delany - Junior Driver

Applicant:
Mr P Williams - Stipendiary Steward

Adjudicators:
Mr N McCutcheon

Persons Present:
Mr P Williams, Mr Delany, Mr J Abernethy assisting Mr Delany

Information Number:
A16738

Decision Type:
Adjudicative Decision

Charge:
Used whip with more than a wrist flicking motion

Rule(s):
869(2) and Whip and Rein Regulations

Plea:
Admitted

Code:
Harness

Race Date:
02/01/2022

Race Club:
Wairarapa Harness Racing Club

Race Location:
Tauherenikau Racecourse - Main Rd, Tauherenikau, Featherston,

Race Number:
R5

Hearing Date:
05/01/2022

Hearing Location:
Otaki Racecourse

Outcome: Proved

Penalty: Junior Driver Nathan Delany was fined $400

SUMMARY OF FACTS

Information A16738 alleged that Mr Delany (SMOKINHOTCHEDDAR) used his whip with more than a wrist flicking motion in the home straight and also in an excessive manner.

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

Applicant Mr Williams showed film replays and said that Mr Delany used the whip in 2 styles; early on he engaged his elbow then varied his style with up and down style which was more than a wrist flicking motion.  He said that 8-9 strikes were with the elbow engaged with at least 20 strikes at 90 degrees down on the horse.

Mr Delany and Mr Abernethy agreed with the Applicant’s assessment of the whip use.

DECISION

As the charge was admitted with the film evidence being compelling, the charge preferred under Rule 869(2) & Whip Regulations was found proved.

PENALTY SUBMISSIONS

Mr Williams placed the breach in the mid-range and referred to the Penalty Guide and recommended that a fine be imposed.

Mr Delany’s whip record was clear.  Mr Delany had had 275 drives with 18 wins over the last 12 months.

Mr Abernethy said that it is harder to drive within the Rule on grass tracks as the straights are longer.

REASONS FOR PENALTY

It was clear to the Adjudicative Committee that the breach was at least mid-range.  Having regard to the Penalty Guide starting point, it was deemed that a fine of $400 was a suitable sanction.  This took into account the very good record.

CONCLUSION

Mr Nathan Delany was fined $400.

Decision Date: 05/01/2022

Publish Date: 10/01/2022