Archive Decision

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NZ Metro TC 13 November 2015 – R 3 – Chair, Mr R McKenzie

ID: JCA13338

Applicant:
N M Ydgren, Stipendiary Steward

Respondent(s):
C J DeFilippi, Licensed Open Horseman

Information Number:
A6717

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
NZ Metro TC - 13 November 2015

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2015/11/13

Race Number:
R3

Decision:

Mr DeFilippi having admitted the breach, the charge was found proved.

Penalty:

Mr DeFilippi was suspended from after the close of racing today up to and including Sunday, 22nd November – 2 days. The meetings encompassed by the period of suspension are Timaru on 21 November and Banks Peninsula on 22 November.

Facts:

Following the running of Race 3, Peninsular Beachfront Resort “Mooloolaba” Mobile Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr C J DeFilippi, alleging that, as the driver of GALLEONS ROYALE in the race, he drove carelessly “when shifting ground inwards when not clear of BLAZING UNDER FIRE (B M Williamson) which struck pylons and broke near the 1700 metres”.

Mr DeFilippi had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren confirmed that Mr DeFilippi did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly

Mr Ydgren showed the incident, approximately 250 metres after the start of the 1950 metres mobile start event, on video replays. He pointed out BLAZING UNDER FIRE, driven by Mr B M Williamson, racing in the trail, and GALLEONS ROYALE, driven by Mr DeFilippi, about to drop into the one-one position behind K D MUSCLES (M P Edmonds). Mr DeFilippi was looking for a run inside K D MUSCLES. At that point, BLAZING UNDER FIRE, which was established to the inside of GALLEONS ROYALE, commenced to race in close proximity to the pylons and was taken inside a number of pylons, eventually striking a pylon and galloping, Mr Ydgren said. BLAZING UNDER FIRE had been forced to race inside the pylons as a result of the pressure of being taken inwards. Mr DeFilippi had looked for a run that did not exist, Mr Ydgren submitted, and had got into a bad situation when Mr Edmonds had eased in front of him. The pressure had been placed on Mr Williamson over a distance of just under 100 metres, Mr Ydgren said. 

Submissions for Penalty:

Mr Ydgren described Mr DeFilippi’s record as “excellent”, with no breaches in the previous 12 months period. He had admitted the breach. Mr DeFilippi had informed the Stewards that he would prefer a suspension to a fine in this case, Mr Ydgren said.

Mr Ydgren said that Mr DeFilippi had, on average, 5 drives per meeting and, on that basis submitted that an appropriate term of suspension would be 2 days. Mr DeFilippi did not seek a deferment of any suspension, Mr Ydgren said.

Reasons for Penalty:

The Committee noted the suggested starting point for a suspension penalty of 10 drives. An aggravating factor was that BLAZING UNDER FIRE had received a quite severe check and had, effectively, galloped out of the race. Against that, Mr DeFilippi had admitted the breach and had an excellent record.

Balancing those factors, the Committee determined that a 2 days’ suspension was an appropriate penalty. 

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 6501485d4da47be629fd4ba51e9c05b9


informantnumber: A6717


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 17/11/2015


hearing_title: NZ Metro TC 13 November 2015 - R 3 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 3, Peninsular Beachfront Resort “Mooloolaba” Mobile Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Open Driver, Mr C J DeFilippi, alleging that, as the driver of GALLEONS ROYALE in the race, he drove carelessly “when shifting ground inwards when not clear of BLAZING UNDER FIRE (B M Williamson) which struck pylons and broke near the 1700 metres”.

Mr DeFilippi had signed the Statement by the Respondent on the information form indicating that he admitted the breach. Mr Ydgren confirmed that Mr DeFilippi did not wish to be present at the hearing of the information.

Rule 869 provides as follows:

(3) No horseman in any race shall drive:-

     (b) carelessly

Mr Ydgren showed the incident, approximately 250 metres after the start of the 1950 metres mobile start event, on video replays. He pointed out BLAZING UNDER FIRE, driven by Mr B M Williamson, racing in the trail, and GALLEONS ROYALE, driven by Mr DeFilippi, about to drop into the one-one position behind K D MUSCLES (M P Edmonds). Mr DeFilippi was looking for a run inside K D MUSCLES. At that point, BLAZING UNDER FIRE, which was established to the inside of GALLEONS ROYALE, commenced to race in close proximity to the pylons and was taken inside a number of pylons, eventually striking a pylon and galloping, Mr Ydgren said. BLAZING UNDER FIRE had been forced to race inside the pylons as a result of the pressure of being taken inwards. Mr DeFilippi had looked for a run that did not exist, Mr Ydgren submitted, and had got into a bad situation when Mr Edmonds had eased in front of him. The pressure had been placed on Mr Williamson over a distance of just under 100 metres, Mr Ydgren said. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr DeFilippi having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Ydgren described Mr DeFilippi’s record as “excellent”, with no breaches in the previous 12 months period. He had admitted the breach. Mr DeFilippi had informed the Stewards that he would prefer a suspension to a fine in this case, Mr Ydgren said.

Mr Ydgren said that Mr DeFilippi had, on average, 5 drives per meeting and, on that basis submitted that an appropriate term of suspension would be 2 days. Mr DeFilippi did not seek a deferment of any suspension, Mr Ydgren said.


reasonsforpenalty:

The Committee noted the suggested starting point for a suspension penalty of 10 drives. An aggravating factor was that BLAZING UNDER FIRE had received a quite severe check and had, effectively, galloped out of the race. Against that, Mr DeFilippi had admitted the breach and had an excellent record.

Balancing those factors, the Committee determined that a 2 days’ suspension was an appropriate penalty. 


penalty:

Mr DeFilippi was suspended from after the close of racing today up to and including Sunday, 22nd November – 2 days. The meetings encompassed by the period of suspension are Timaru on 21 November and Banks Peninsula on 22 November.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: N M Ydgren, Stipendiary Steward


JockeysandTrainer: C J DeFilippi, Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ee7e83b8c6e12a4478931916c75cdcf6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9960c77e0bea7941771fbfe788888bb6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/11/2015


meet_title: NZ Metro TC - 13 November 2015


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: NZ Metro TC