Methven TC 11 October 2020 – R 1 – Chair, Mr D Anderson
ID: JCA14942
Meet Title:
Methven TC - 11 October 2020
Meet Chair:
DAnderson
Meet Committee Member 1:
RMcKenzie
Race Date:
2020/10/11
Race Number:
R 1
Decision:
As Mr DeFilippi admitted the breach the charge was found proved.
Penalty:
Mr DeFilippi is fined $200.
Facts:
Following the running of Race 1 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869(2) by Open Driver Mr C DeFilippi. The information alleged, C DeFilippi (KINGSDOWN ATOM) used his whip free of the rein and with more than a wrist flicking motion in the home straight.
Mr DeFilippi signed the information stating he admitted the breach and that he was conversant with the rule.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Williams used the race video to identify Mr DeFilippi driving (8) KINGSDOWN ATOM, in the trailing position entering the home straight. Mr Williams pointed to Mr DeFilippi and demonstrated him crossing his reins and driving his horse to the finishing line using his whip free of the rein.
Mr DeFilippi stated he had positioned a tongue strap on each hand to remind him of the new rules but when the excitement of the finish started, he had reverted to his last 47 years of instinct.
Submissions for Penalty:
Mr Williams stated Mr DeFilippi had been spoken to previously about the new rules on the 8 October and was officially warned.
Mr Williams said considering all the factors the Stewards were seeking a fine of $200 as Penalty.
Mr DeFilippi chose not to make any submissions on Penalty.
Reasons for Penalty:
The JCA Penalty Guide provides in stage 1 (October 1 to October 31) in cases where a driver does not promptly correct their action or who has previously had a warning a $200 fine will be recommended.
The Committee although mindful that Mr DeFilippi had won the race, the win was a close but comfortable one, we see no aggravating factors to depart from the guidelines.
The Committee in considering these factors agree a fine of $200 is an appropriate Penalty in this case.
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: 8fcd58231831fb02741d1e20eacad8fb
informantnumber: A13603
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 13/10/2020
hearing_title: Methven TC 11 October 2020 - R 1 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 1 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869(2) by Open Driver Mr C DeFilippi. The information alleged, C DeFilippi (KINGSDOWN ATOM) used his whip free of the rein and with more than a wrist flicking motion in the home straight.
Mr DeFilippi signed the information stating he admitted the breach and that he was conversant with the rule.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Williams used the race video to identify Mr DeFilippi driving (8) KINGSDOWN ATOM, in the trailing position entering the home straight. Mr Williams pointed to Mr DeFilippi and demonstrated him crossing his reins and driving his horse to the finishing line using his whip free of the rein.
Mr DeFilippi stated he had positioned a tongue strap on each hand to remind him of the new rules but when the excitement of the finish started, he had reverted to his last 47 years of instinct.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr DeFilippi admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Williams stated Mr DeFilippi had been spoken to previously about the new rules on the 8 October and was officially warned.
Mr Williams said considering all the factors the Stewards were seeking a fine of $200 as Penalty.
Mr DeFilippi chose not to make any submissions on Penalty.
reasonsforpenalty:
The JCA Penalty Guide provides in stage 1 (October 1 to October 31) in cases where a driver does not promptly correct their action or who has previously had a warning a $200 fine will be recommended.
The Committee although mindful that Mr DeFilippi had won the race, the win was a close but comfortable one, we see no aggravating factors to depart from the guidelines.
The Committee in considering these factors agree a fine of $200 is an appropriate Penalty in this case.
penalty:
Mr DeFilippi is fined $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mr C DeFilippi - Open Driver
Otherperson: Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 7dd877dd3ca8b44d3f95c9c44fe7798f
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: 87916639eefbf7e677d0b76ef2988daa
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/10/2020
meet_title: Methven TC - 11 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: RMcKenzie
meet_pm2: none
name: Methven TC