Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Waikato BOP HI 2 June 2018 – R 5 – Chair, Mr B Scott

ID: JCA15687

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr C DeFilippi - Open Horseman

Information Number:
A10564

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
Rule 869(2)and the Use of Whip regulations

Plea:
admitted

Meet Title:
Harness Racing Waikato - 2 June 2018

Meet Chair:
BScott

Meet Committee Member 1:
GHall

Meet Committee Member 2:
NMcCutcheon

Race Date:
2018/06/02

Race Number:
R5

Decision:

The breach is admitted and therefore the charge is proved.

Penalty:

The Committee imposes a suspension of Mr DeFilippi's Horseman's Licence from the conclusion of racing on the 4th of June 2018 up to the conclusion of racing on the 14th of June 2018. 3 driving days.

Facts:

Following the running of the CROWE HORWATH 4YO RUBY, an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr CJ DeFilippi alleging that Mr DeFillippi when driving IZMOK used his whip on more than the permissable number of occasions over the final 400 metres.

Rule 869(2) provides : no horseman in any race shall use his whip in a manner in contravention of the Use of Whip Regulations made by the Board.

The Use of Whip Regulations provide : No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of " backhanders" and the use applies to the horse , harness and/or sulky.

Mr DeFilippi admitted the breach and noted on the Information that he did not wish to be present at the hearing.

Mr Ydgren demonstrated the incident by use of the race films. He showed where Mr DeFilippi on IZMOK used the Whip on 14 occasions in the home straight.

Submissions for Penalty:

Mr Ydgren said that notwithstanding the penalties set in the Use of Whip regulations Mr DeFilippi had a prior breach of this Rule and he submitted that a term of suspension of Mr DeFilippi's licence was appropriate. He asked for a 3 day suspension.

Reasons for Penalty:

The Committee reviewed the films and the submissions. Mr DeFilippi has admitted the breach but that was inevitable considering the compelling video evidence.

The Committee has taken into account the number of strikes and the fact that they were mid-range. The Committee has also taken into account the fact that this was a Group 1 race on a Group 1 day and therefore a term of suspension is appropriate. We have not taken into account the Ashburton and Invercargill meetings on the 3rd and 4th of June respectively. Any suspension is to commence after the 4th of June.

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: c3824b64435d8f441cb2945e36dfbe39


informantnumber: A10564


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 04/06/2018


hearing_title: Waikato BOP HI 2 June 2018 - R 5 - Chair, Mr B Scott


charge:


facts:

Following the running of the CROWE HORWATH 4YO RUBY, an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr CJ DeFilippi alleging that Mr DeFillippi when driving IZMOK used his whip on more than the permissable number of occasions over the final 400 metres.

Rule 869(2) provides : no horseman in any race shall use his whip in a manner in contravention of the Use of Whip Regulations made by the Board.

The Use of Whip Regulations provide : No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of " backhanders" and the use applies to the horse , harness and/or sulky.

Mr DeFilippi admitted the breach and noted on the Information that he did not wish to be present at the hearing.

Mr Ydgren demonstrated the incident by use of the race films. He showed where Mr DeFilippi on IZMOK used the Whip on 14 occasions in the home straight.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is proved.


sumissionsforpenalty:

Mr Ydgren said that notwithstanding the penalties set in the Use of Whip regulations Mr DeFilippi had a prior breach of this Rule and he submitted that a term of suspension of Mr DeFilippi's licence was appropriate. He asked for a 3 day suspension.


reasonsforpenalty:

The Committee reviewed the films and the submissions. Mr DeFilippi has admitted the breach but that was inevitable considering the compelling video evidence.

The Committee has taken into account the number of strikes and the fact that they were mid-range. The Committee has also taken into account the fact that this was a Group 1 race on a Group 1 day and therefore a term of suspension is appropriate. We have not taken into account the Ashburton and Invercargill meetings on the 3rd and 4th of June respectively. Any suspension is to commence after the 4th of June.


penalty:

The Committee imposes a suspension of Mr DeFilippi's Horseman's Licence from the conclusion of racing on the 4th of June 2018 up to the conclusion of racing on the 14th of June 2018. 3 driving days.


hearing_type: Hearing


Rules: Rule 869(2)and the Use of Whip regulations


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr C DeFilippi - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8c444f23bc490b3ed545f113276ec0a0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: bceab936dcc310600f6aa604a55cb503


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/06/2018


meet_title: Harness Racing Waikato - 2 June 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: GHall


meet_pm2: NMcCutcheon


name: Harness Racing Waikato