NZ Metro TC 21 October 2016 – R 6 – Chair, Mr S Ching
ID: JCA15463
Meet Title:
NZ Metro TC - 21 October 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/10/21
Race Number:
R6
Decision:
As Mr DeFilippi had admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr DeFilippi was fined the sum of $200.
Facts:
Following the running of Race 6, the NRM Sires’ Stakes Series No33(Heat 5) Mobile Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman, Mr C DeFilippi, alleging a breach of Rule 862(2) in that he allowed MIKEY MAGUIRE to start from the incorrect barrier position.
Rule 862(2) reads as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
Mr DeFilippi had endorsed the Information that this breach of the Rules was admitted. Mr DeFilippi had informed the Stewards that he did not wish to be present at the hearing.
Mr Ydgren gave evidence and showed video replays to show that Mr DeFilippi driving MIKEY MAGUIRE, was drawn one on the second line in the mobile start event. He noted that MIKEY MAGUIRE was the only horse on the back line. He pointed out on the back straight films that Mr DeFilippi, in the score up, was clearly in the 2 off position, behind TIGER THOMPSON, who had drawn 2 off the frontline. He said Mr DeFilippi had stated that he had noticed KING SOLOMON in the score up charge and touch the barrier arm. Mr DeFilippi said he was mindful of the horse's recent racing history after a conversation with the trainer Mr Smolenski and that it may gallop. Mr Ydgren stated that there was nothing in the score up to suggest that KING SOLOMON was going to break and relieve Mr DeFilippi of his obligations to start from the correct barrier position. Mr Ydgren also stated that Mr DeFilippi gained no advantage by starting in the incorrect position.
Submissions for Penalty:
Mr Ydgren stated that Mr DeFilippi had a clear record in relation to this rule. He stated that the JCA Penalty Guide recommended a starting point of 8 drives or a $400 fine for a breach of this Rule. Mr Ydgren submitted that after taking into consideration Mr DeFilippi’s frank admission of the breach and his clear record that a fine of $200 be considered as penalty in this case. He also stated that this was consistent with recent penalties imposed for a breach of this rule.
Reasons for Penalty:
In determining penalty, the Committee took into consideration all factors in this case. In adopting the JCA Penalty Guide starting point of $400 we determined that Mr DeFilippi was entitled to a discount of $100 for his frank admission of the breach and a further $100 for his clear record. We therefore determined that a fine of $200 was 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: 9627d5eb8beefdb938b147a5f886a574
informantnumber: A8317
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 862(2)-Starting from the incorrect barrier position
plea: admitted
penaltyrequired: 1
decisiondate: 25/10/2016
hearing_title: NZ Metro TC 21 October 2016 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the NRM Sires’ Stakes Series No33(Heat 5) Mobile Pace, an Information was filed by Stipendiary Steward Mr N Ydgren against Open Horseman, Mr C DeFilippi, alleging a breach of Rule 862(2) in that he allowed MIKEY MAGUIRE to start from the incorrect barrier position.
Rule 862(2) reads as follows:
(2) No horseman shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing or mobile start), unless directed by the Starter in accordance with Rule 860(8).
Mr DeFilippi had endorsed the Information that this breach of the Rules was admitted. Mr DeFilippi had informed the Stewards that he did not wish to be present at the hearing.
Mr Ydgren gave evidence and showed video replays to show that Mr DeFilippi driving MIKEY MAGUIRE, was drawn one on the second line in the mobile start event. He noted that MIKEY MAGUIRE was the only horse on the back line. He pointed out on the back straight films that Mr DeFilippi, in the score up, was clearly in the 2 off position, behind TIGER THOMPSON, who had drawn 2 off the frontline. He said Mr DeFilippi had stated that he had noticed KING SOLOMON in the score up charge and touch the barrier arm. Mr DeFilippi said he was mindful of the horse's recent racing history after a conversation with the trainer Mr Smolenski and that it may gallop. Mr Ydgren stated that there was nothing in the score up to suggest that KING SOLOMON was going to break and relieve Mr DeFilippi of his obligations to start from the correct barrier position. Mr Ydgren also stated that Mr DeFilippi gained no advantage by starting in the incorrect position.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr DeFilippi had admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Ydgren stated that Mr DeFilippi had a clear record in relation to this rule. He stated that the JCA Penalty Guide recommended a starting point of 8 drives or a $400 fine for a breach of this Rule. Mr Ydgren submitted that after taking into consideration Mr DeFilippi’s frank admission of the breach and his clear record that a fine of $200 be considered as penalty in this case. He also stated that this was consistent with recent penalties imposed for a breach of this rule.
reasonsforpenalty:
In determining penalty, the Committee took into consideration all factors in this case. In adopting the JCA Penalty Guide starting point of $400 we determined that Mr DeFilippi was entitled to a discount of $100 for his frank admission of the breach and a further $100 for his clear record. We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr DeFilippi was fined the sum of $200.
hearing_type: Hearing
Rules: 862(2)
Informant: N Ydgren-Stipendiary Steward
JockeysandTrainer: C DeFilippi-Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f54df31533a43b5118ed87efe79cd070
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 62ecf5fbd87f93bfc08a8bdea625f74f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/10/2016
meet_title: NZ Metro TC - 21 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC