NZ Metro TC 12 May 2012 – R 1
ID: JCA14309
Meet Title:
NZ Metro TC - 12 May 2012
Meet Chair:
JPhelan
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/05/12
Race Number:
R 1
Decision:
On resuming the hearing we advised the parties of our reasons (as set out above) and that the charge was found to be proved.
Penalty:
On resuming the hearing we advised the parties that Mr De Filippi was fined the sum of $200-00.
Charge:
Alleged breach of Rule 869(5).
Facts:
Following the running of Race 1, the PGG Wrightson NZ Yearling Sales Series No. 21 2YO Open Division (Consolation), an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr C. J. De Filippi alleging a breach of Rule 869(5) in that he “half carted”.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(5) (in that) you failed to trail the sulky seat of Mr Holmes for approx. 200m instead opting to position yourself on his outside wheel and therefore half carting.”
Rule 869(5) reads as follows:
“(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.”
Mr De Fillipi had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr De Filippi also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr McIntyre gave evidence and used video coverage to show that Mr De Filippi had half carted for about 200 metres from about the 600 metre to about the 400 metre mark. During the course of the hearing Mr De Filippi did not dispute these facts.
Mr De Filippi called Mr A. M. Butt to give evidence. Mr Butt was the driver of “Outlaw” (6) in this race. Mr Butt said that he was trailing Mr De Filippi in this race. He said that Mr De Filippi’s actions did not cause him any problems during the running, and that he was quite happy to stay in the two-out line where he was during this time.
Mr De Filippi gave evidence that he was well aware of the half carting Rule, but submitted that it should only apply if problems were caused to following horses.
We adjourned to consider our decision.
Reasons for Decision:
The “half carting” Rule is one of strict liability – see Rule 1008(b). Its purpose is to prevent improving horses from having to travel wider on the track than necessary. The evidence of following drivers that their chances were not in fact affected, is, we are satisfied, irrelevant. In this case Mr De Filippi half carted for a considerable distance, and we were satisfied that this was a clear breach of the Rule 869(5). We decided that the charge had been proved.
Submissions for Penalty:
In relation to penalty Mr McIntyre advised that Mr De Filippi had not previously breached this Rule. He said that the Penalty Guide recommends a starting point of a fine of $200-00 for a breach of this Rule, and submitted that a fine of $200-00 should be imposed in this case.
Mr De Filippi had no submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
We looked at the JCA database for previous penalties imposed for breaches of this Rule. Most fines were $200-00 and we were satisfied that this was an appropriate amount.
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: 7318b3e2644a46253b7da21b71729ea3
informantnumber: A1050
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 06/05/2012
hearing_title: NZ Metro TC 12 May 2012 - R 1
charge:
Alleged breach of Rule 869(5).
facts:
Following the running of Race 1, the PGG Wrightson NZ Yearling Sales Series No. 21 2YO Open Division (Consolation), an Information was filed by Stipendiary Steward Mr N. G. McIntyre against Open Horseman Mr C. J. De Filippi alleging a breach of Rule 869(5) in that he “half carted”.
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(5) (in that) you failed to trail the sulky seat of Mr Holmes for approx. 200m instead opting to position yourself on his outside wheel and therefore half carting.”
Rule 869(5) reads as follows:
“(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.”
Mr De Fillipi had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr De Filippi also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre gave evidence and used video coverage to show that Mr De Filippi had half carted for about 200 metres from about the 600 metre to about the 400 metre mark. During the course of the hearing Mr De Filippi did not dispute these facts.
Mr De Filippi called Mr A. M. Butt to give evidence. Mr Butt was the driver of “Outlaw” (6) in this race. Mr Butt said that he was trailing Mr De Filippi in this race. He said that Mr De Filippi’s actions did not cause him any problems during the running, and that he was quite happy to stay in the two-out line where he was during this time.
Mr De Filippi gave evidence that he was well aware of the half carting Rule, but submitted that it should only apply if problems were caused to following horses.
We adjourned to consider our decision.
reasonsfordecision:
The “half carting” Rule is one of strict liability – see Rule 1008(b). Its purpose is to prevent improving horses from having to travel wider on the track than necessary. The evidence of following drivers that their chances were not in fact affected, is, we are satisfied, irrelevant. In this case Mr De Filippi half carted for a considerable distance, and we were satisfied that this was a clear breach of the Rule 869(5). We decided that the charge had been proved.
Decision:
On resuming the hearing we advised the parties of our reasons (as set out above) and that the charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr McIntyre advised that Mr De Filippi had not previously breached this Rule. He said that the Penalty Guide recommends a starting point of a fine of $200-00 for a breach of this Rule, and submitted that a fine of $200-00 should be imposed in this case.
Mr De Filippi had no submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
We looked at the JCA database for previous penalties imposed for breaches of this Rule. Most fines were $200-00 and we were satisfied that this was an appropriate amount.
penalty:
On resuming the hearing we advised the parties that Mr De Filippi was fined the sum of $200-00.
hearing_type: Hearing
Rules: 869(5)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr C J De Filippi - Open Horseman
Otherperson: Mr A M Butt - Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: d943f6e37ab4b65ee3d322b05112d2b9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8dc910f015746552397bb3e45d56bc00
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2012
meet_title: NZ Metro TC - 12 May 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC