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NZ Metro TC 24 July 2020 - R 7 - Chair, Mr S Ching

Created on 27 July 2020

SChing (chair)
Mr N Delany - Licensed Junior Horseman
Mr R Close - Open Horseman assisting Mr Delany
Mr N Ydgren - Chief Stipendiary Steward
Information Number
Breach of Rule 869(2) - Whip Regulation (b)

Following the running of Race 7, the McMillan Feeds-2020 Junior Drivers Champs an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Junior Horseman, Mr N Delany, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.

Rule 869(2) reads as follows:

869 (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.

Whip Regulation (b) reads as follows;

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Delany had endorsed the information that the breach was admitted which he confirmed at the hearing. Mr Delany also acknowledged that he understood the charge and the rule it was brought under. Mr Delany was assisted at the hearing by Open Horseman, Mr R Close.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr Delany, driving GLACIER COASTER, positioned 3 wide and in contention, passing the 400m. Inside the 400m Mr Delany drew the whip and used it on 11 occasions prior to the finish line. Mr Ydgren stated that Mr Delany won the race by a short margin.

Mr Delany and Mr Close did not dispute the number of strikes. He added that the strikes were not forceful.


As Mr Delany had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Ydgren stated that Mr Delany had a previous breach of this rule being on 26 January 2020 for a low range offence where he received a $200 fine. This he stated was just inside the reset period of 6 months by 2 days. He submitted that this breach be dealt with as a first offence. Mr Ydgren stated that the JCA Penalty Guide provides for a $200 fine on the sliding scale for a first offence breach of this rule for 11-13 strikes. He submitted that a penalty in line with the sliding scale be considered as penalty.

Mr Delany made no submissions in regard to penalty.

Reasons For Penalty:

We agreed with Mr Ydgren that this breach could be dealt with as a first offence due to it only being 2 days until the reset was due to commence. The JCA Penalty Guide provides a $200 fine on the sliding scale for a first breach of this rule. We determined that there was an aggravating factor to consider, being that Mr Delany won the race by a small margin. We determined that an uplift was warranted. Due to Mr Delany’s status as a Junior driver, this uplift we set at $50.


Accordingly, Mr Delany is fined the sum of $250.

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