Question was asked to Kerry Frasier on tsn.ca, here's his response:
As you are aware, the delayed penalty rule states, "During the play, the Penalty Timekeeper shall permit the return to the ice of the penalized players, in the order of expiry of their penalties, but only when the penalized team is allowed to have more than four players on the ice."
Drew Stafford, as the first player penalized had the first penalty to expire and should have returned to the ice ahead of Tyler Myers. The reason that no additional penalty was assessed on this play is because the Sabres were entitled to relief once the penalty to Myers expired on the clock and it is the responsibility of the Penalty Timekeeper to send out the correct player (in this case Stafford).
Let's play this out and envision how this could have possibly happened.
- Stafford is penalized for interfering with Joffrey Lupul at 14:24 of the first period.
- Myers shoots the puck over the glass 21 seconds later to put the Sabres two men short.
- With both penalties clicking down on the clock Steve Ott receives another Sabres penalty at 16:01 for closing his hand on the puck. Ott's penalty becomes delayed until the first penalty on the clock to Stafford expires at 16:24.
- As Stafford's penalty clicks off the clock, Ott's two-minute minor immediately starts. Stafford must however remain in the box for another 21 seconds until Myers' penalty expires on the clock.
This is where the breakdown occurred. Myers and the penalty box attendant, who is responsible for opening the door, were intently watching Myers penalty click down second by second on the clock until it finally hit :00, the door is opened and out flies Myers. There was a failure to communicate that when Myers penalty expired on the clock it was Stafford that must jump through the open door and onto the ice!
I had this happen to me only once as a result of the gentleman in the penalty box failing to inform the players which one was entitled to return to the ice during play. From that moment on (and as the Captain of the Ship) I felt it incumbent upon me to remind the Penalty Timekeeper and advised the players in the penalty box the order in which each player was entitled to return to the ice should play continue after the expiration of penalties.
The Sabres were entitled to have four skaters on the ice but it was through the error of the penalty timekeeper that the wrong player was let out of the box. As such no additional penalty was deserved.
Taking this one step further, if through the fault of the penalty timekeeper a player is let out of the box with time remaining on his unexpired penalty that player would return to the penalty box at the first whistle to serve the balance of his unexpired penalty. The player would not incur any additional penalty for leaving the penalty bench prematurely unless he did so on his own and through no error of the penalty timekeeper.
It is most prudent for all referees to be proactive and communicate to the penalty timekeeper and to the players serving penalties the order in which they must return to the ice with play in progress!
http://www.tsn.ca/blogs/kerry_fraser/?id=414212