Amberley TC 6 February 2013 – R 7
ID: JCA15207
Meet Title:
Amberley TC - 6 February 2013
Meet Chair:
JPhelan
Meet Committee Member 1:
KHales
Race Date:
2013/02/06
Race Number:
R1
Decision:
The charge was found to be proved.
Penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr DeFilippi was fined the sum of $250-00.
Charge:
Alleged careless driving
Facts:
Following the running of Race 7, the HSW Ltd Accountants – Promed Edgeware Doctors – The Haymakers Syndicate Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis alleging careless driving by Mr C. J. DeFilippi, the driver of “Lindennys Buttercup” (15).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) in that Mr DeFilippi (Lindennys Buttercup) drove carelessly when shifting ground inwards near the 150m when not clear of Sky Ruler (R. Holmes) and Aces Fella (M. P. Edmonds) resulting in both runners having to check..”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr DeFilippi had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr DeFilippi also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr Wallis gave evidence and used video coverage to show that with about 200 metres to run Mr DeFilippi was about four out from the marker line and running on. To gain a run he moved inwards eventually reaching the marker line. In making this movement he caused interference to “Sky Ruler” (5) and “Aces Fella” (6) which were both checked.
Mr DeFilippi said he was careless in making this movement, but pointed out that neither of the horses interfered with were in contention at the time. This was not disputed.
Reasons for Decision:
As Mr DeFilippi had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Submissions for Penalty:
In relation to penalty Mr Wallis advised that Mr DeFilippi had not previously breached this Rule and had admitted the breach. It was also relevant that the horses interfered with were not in contention at the time. Mr Wallis referred to the Penalty Guide which gives a starting point of 8 drives or a fine of $400-00, and submitted that a fine of between $250-00 and $300-00 would be appropriate.
Mr DeFilippi had no relevant submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
Reasons for Penalty:
In relation to penalty we took into account that Mr DeFilippi had an excellent record for a busy driver, and had admitted the breach. Taking all these matters into account we decided that a fine of $250-00 would be imposed in this case.
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: 768a4ce368113765134a7918ff5df7e1
informantnumber: A1862
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 30/01/2013
hearing_title: Amberley TC 6 February 2013 - R 7
charge:
Alleged careless driving
facts:
Following the running of Race 7, the HSW Ltd Accountants – Promed Edgeware Doctors – The Haymakers Syndicate Pace, an Information was filed by Stipendiary Steward Mr S. W. Wallis alleging careless driving by Mr C. J. DeFilippi, the driver of “Lindennys Buttercup” (15).
The charge reads as follows:
“I the above named informant allege that the above named Respondent committed a breach of Rule 869(3)(b) in that Mr DeFilippi (Lindennys Buttercup) drove carelessly when shifting ground inwards near the 150m when not clear of Sky Ruler (R. Holmes) and Aces Fella (M. P. Edmonds) resulting in both runners having to check..”
Rules 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly..”
Mr DeFilippi had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr DeFilippi also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr Wallis gave evidence and used video coverage to show that with about 200 metres to run Mr DeFilippi was about four out from the marker line and running on. To gain a run he moved inwards eventually reaching the marker line. In making this movement he caused interference to “Sky Ruler” (5) and “Aces Fella” (6) which were both checked.
Mr DeFilippi said he was careless in making this movement, but pointed out that neither of the horses interfered with were in contention at the time. This was not disputed.
reasonsfordecision:
As Mr DeFilippi had admitted this breach it was found to be proved in accordance with Rule 1111(1)(d).
Decision:
The charge was found to be proved.
sumissionsforpenalty:
In relation to penalty Mr Wallis advised that Mr DeFilippi had not previously breached this Rule and had admitted the breach. It was also relevant that the horses interfered with were not in contention at the time. Mr Wallis referred to the Penalty Guide which gives a starting point of 8 drives or a fine of $400-00, and submitted that a fine of between $250-00 and $300-00 would be appropriate.
Mr DeFilippi had no relevant submissions to make with regard to penalty.
We adjourned to consider the matter of penalty.
reasonsforpenalty:
In relation to penalty we took into account that Mr DeFilippi had an excellent record for a busy driver, and had admitted the breach. Taking all these matters into account we decided that a fine of $250-00 would be imposed in this case.
penalty:
On resuming the hearing we advised the parties of our reasons (see above) and that Mr DeFilippi was fined the sum of $250-00.
hearing_type: Hearing
Rules: 869(3)(b
Informant: Mr S. W. Wallis - Stipendiary Steward
JockeysandTrainer: Mr C. J. DeFilippi - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 01a1443ee47ed4b251158271f69f0747
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3d3cb3d71f003b4573e0df29fc6720a1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/02/2013
meet_title: Amberley TC - 6 February 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: amberley-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: KHales
meet_pm2: none
name: Amberley TC