Ashburton TC 14 November 2013 – R 10
ID: JCA14322
Meet Title:
Ashburton TC - 14 November 2013
Meet Chair:
SChing
Meet Committee Member 1:
KHales
Race Date:
2013/11/14
Race Number:
R10
Decision:
The charge was dismissed.
Facts:
Following the running of Race 10, the Garth Jemmett Construction Handicap Trot, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr C DeFilippi, alleging that Mr DeFilippi, as the driver of FANCY PANTS in the race, “failed to drive FANCY PANTS out over the concluding stages when in 4th place and as a result you have finished in 5th place beaten by ½ a head.
Rule 863(3) reads as follows:
“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running 1st, 2nd, 3rd, 4th, 5th or 6th.”
Submissions for Decision:
The Stewards alleged that Mr DeFilippi, driver of FANCY PANTS, ceased in his urgings of the mare in the final 70-80m when holding 4th place. The end result was that FANCY PANTS finished in 5th place, a ½ head from 4th placed horse TAKE FOR GRANTED which improved on the outer throughout the straight. Mr Ydgren showed the relevant video replays and pointed out Mr DeFilippi using his whip on the horse in the home straight on 6 occasions but stops in his urgings and puts away his whip just prior to the finishing line. Mr Ydgren using the pylons as reference estimated that Mr DeFilippi urged his horse for the last time and put his whip away 70-80m from the finish. Mr Ydgren showed the film of the final stages of the race and submitted there did not appear to be any anomaly with horse's gait which would lead Mr DeFilippi to stop driving his horse. He said FANCY PANTS has trotted fluently throughout the run home as evidenced by Mr DeFilippi activating the ear plugs and striking the horse 6 times earlier in the home straight. He said that if Mr DeFilippi had concerns with the horse’s gait, he would not have used the whip on 6 occasions.
Mr DeFilippi stated that he had driven FANCY PANTS in its last 7 starts and in the first of those drives the mare won and on the second occasion she ran second. He said FANCY PANTS has galloped in the run home or during the running in its last 4 starts when the pressure went on. Mr Ydgen confirmed that FANCY PANTS had galloped in its last 3 starts. Mr DeFilippi stated that 2 starts back, he thought he was going to run into 3rd or 4th at the top of the straight, but when he struck the mare twice in quick succession, she galloped. The only reason she broke was because he had used the whip. Mr DeFilippi stated the mare galloped near the 400m at her last start at the Kaikoura meeting. He stated that FANCY PANTS when asked to improve would lengthen stride but was susceptible to breaking when put under pressure. He said that for that reason the mare had to be driven on a tight rein. The plan for today’s race, he said, was to get her through the race without galloping. He said that FANCY PANTS had missed away in today’s race, when normally she begins well, and settled behind the back markers. He said the mare improved to be in contention at the home turn when he gave her light strike with the whip. He said he struck her with the whip on 5 more occasions over the early stages of the home run but she did not surge when struck which told him she was doing her best. Mr DeFilippi stated that he believed FANCY PANTS was just starting to shorten stride in the final stages and also believed the mare was doing her best work. He was concerned that the mare may gallop if struck with the whip again in the final stages and held her together so she would complete the race trotting.
Reasons for Decision:
The Committee carefully considered the evidence and submissions made by both parties. We looked at this matter from two aspects. Firstly the racing history of the horse which has a record of breaking either during the running or in the concluding stages when placed under pressure. We also took into account the fact that Mr DeFilippi is a senior, highly experienced horseman, with an ability to judge horses' racing mannerisms and drive that horse accordingly to get the best result possible for the connections and betting public.
Against this we have taken into account the fact that Mr DeFilippi put his whip away at a crucial time of the race and it would be easy to assume from his actions that he thought he had 4th place secure and did not feel the need to try harder.
We then balance the two approaches and find we are prepared to give Mr DeFilippi the benefit of the doubt by the slenderest of margins. This charge was properly bought by the Stewards but it is our view that this charge be dismissed.
JCA Decision Fields (raw)
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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: 74b934ae951ae0ce610b931b161ecf49
informantnumber: A2432
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 868(3)
plea: denied
penaltyrequired: 0
decisiondate: 18/11/2013
hearing_title: Ashburton TC 14 November 2013 - R 10
charge:
facts:
Following the running of Race 10, the Garth Jemmett Construction Handicap Trot, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Open Horseman, Mr C DeFilippi, alleging that Mr DeFilippi, as the driver of FANCY PANTS in the race, “failed to drive FANCY PANTS out over the concluding stages when in 4th place and as a result you have finished in 5th place beaten by ½ a head.
Rule 863(3) reads as follows:
“Every horseman shall drive his horse out to the end of the race if he has any reasonable chance of running 1st, 2nd, 3rd, 4th, 5th or 6th.”
appealdecision:
isappeal:
submissionsfordecision:
The Stewards alleged that Mr DeFilippi, driver of FANCY PANTS, ceased in his urgings of the mare in the final 70-80m when holding 4th place. The end result was that FANCY PANTS finished in 5th place, a ½ head from 4th placed horse TAKE FOR GRANTED which improved on the outer throughout the straight. Mr Ydgren showed the relevant video replays and pointed out Mr DeFilippi using his whip on the horse in the home straight on 6 occasions but stops in his urgings and puts away his whip just prior to the finishing line. Mr Ydgren using the pylons as reference estimated that Mr DeFilippi urged his horse for the last time and put his whip away 70-80m from the finish. Mr Ydgren showed the film of the final stages of the race and submitted there did not appear to be any anomaly with horse's gait which would lead Mr DeFilippi to stop driving his horse. He said FANCY PANTS has trotted fluently throughout the run home as evidenced by Mr DeFilippi activating the ear plugs and striking the horse 6 times earlier in the home straight. He said that if Mr DeFilippi had concerns with the horse’s gait, he would not have used the whip on 6 occasions.
Mr DeFilippi stated that he had driven FANCY PANTS in its last 7 starts and in the first of those drives the mare won and on the second occasion she ran second. He said FANCY PANTS has galloped in the run home or during the running in its last 4 starts when the pressure went on. Mr Ydgen confirmed that FANCY PANTS had galloped in its last 3 starts. Mr DeFilippi stated that 2 starts back, he thought he was going to run into 3rd or 4th at the top of the straight, but when he struck the mare twice in quick succession, she galloped. The only reason she broke was because he had used the whip. Mr DeFilippi stated the mare galloped near the 400m at her last start at the Kaikoura meeting. He stated that FANCY PANTS when asked to improve would lengthen stride but was susceptible to breaking when put under pressure. He said that for that reason the mare had to be driven on a tight rein. The plan for today’s race, he said, was to get her through the race without galloping. He said that FANCY PANTS had missed away in today’s race, when normally she begins well, and settled behind the back markers. He said the mare improved to be in contention at the home turn when he gave her light strike with the whip. He said he struck her with the whip on 5 more occasions over the early stages of the home run but she did not surge when struck which told him she was doing her best. Mr DeFilippi stated that he believed FANCY PANTS was just starting to shorten stride in the final stages and also believed the mare was doing her best work. He was concerned that the mare may gallop if struck with the whip again in the final stages and held her together so she would complete the race trotting.
reasonsfordecision:
The Committee carefully considered the evidence and submissions made by both parties. We looked at this matter from two aspects. Firstly the racing history of the horse which has a record of breaking either during the running or in the concluding stages when placed under pressure. We also took into account the fact that Mr DeFilippi is a senior, highly experienced horseman, with an ability to judge horses' racing mannerisms and drive that horse accordingly to get the best result possible for the connections and betting public.
Against this we have taken into account the fact that Mr DeFilippi put his whip away at a crucial time of the race and it would be easy to assume from his actions that he thought he had 4th place secure and did not feel the need to try harder.
We then balance the two approaches and find we are prepared to give Mr DeFilippi the benefit of the doubt by the slenderest of margins. This charge was properly bought by the Stewards but it is our view that this charge be dismissed.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 868 (3)
Informant: Mr N Ydgren-Stipendiary Steward
JockeysandTrainer: Mr C DeFilippi-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ff062370fcece224515eff5a9d0ac84c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5aac877f4f73375ce0793231361ef5a5
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 14/11/2013
meet_title: Ashburton TC - 14 November 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: KHales
meet_pm2: none
name: Ashburton TC