Timaru HRC 16 December 2010 – R 3
ID: JCA17340
Meet Title:
Timaru HRC - 16 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2010/12/16
Race Number:
R 3
Decision:
The charge was dismissed.
Charge:
Following the running of Race 3, Lion Beverages Mobile Pace, Information No. 69448 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr C J De Filippi, alleging that Mr De Filippi, as the driver of THOMAS HAMILTON in the race, “drove in a manner likely to cause interference when attempting to take the trail behind JAYESBE (G D Smith) which caused WHAT A CARD (A M Butt) to strike several pylons with 1100 metres to race”.
Facts:
At the commencement of the hearing, Mr McIntyre sought leave of the Committee to amend the information to include Rule 869 (7A) (c). This was explained to Mr De Filippi who indicated that he had no objection to the amendment. The information was amended accordingly.
Mr De Filippi was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(7A) Every horseman who moves inwards shall ensure:
(c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.
Submissions for Decision:
Mr McIntyre showed a video replay of the race between the 1200 metres and the 1000 metres. He pointed out Mr De Filippi, driving THOMAS HAMILTON, racing outside the leader, JAYESBE (G D Smith) with approximately 1200 metres to run. Mr Butt driving WHAT A CARD was racing in the trail. Mr De Filippi then attempted to take the lead, which opened up a gap on the back of the leader. At that stage, WHAT A CARD did hang in, get its head round and strike several pylons when the pace increased. Mr McIntyre said that no blame was attributed to Mr De Filippi for this. Mr De Filippi then attempted a shift in to get on to the back of the leader, JAYESBE. Mr McIntyre showed this part of the race from a number of different angles. He alleged that, at no time, was Mr De Filippi clear of Mr Butt. Mr Butt was forced over some pylons as a result. Mr Butt was able to hold his position on the leader’s back.
When asked by Mr De Filippi, Mr McIntyre acknowledged that, where a horse in the trail was not keeping up, another horse was entitled to attempt to get into the gap, but provided it could do so without causing interference.
Mr De Filippi referred to the video replays of the relevant part of the race. He had Mr Butt confirm that his horse had earlier raced quite greenly and had struck 2-3 pylons, without any pressure from Mr De Filippi. The horse was having difficulty holding its position and a gap opened up in front of him. Mr Butt said that Mr De Filippi was entitled to and that he expected Mr De Filippi to attempt to move his horse into that gap. Mr Butt said that his horse had then taken up the gap but raced greenly again and ran in slightly. When Mr De Filippi became aware that Mr Butt had improved again on his inside, he “pulled off”. He did not attribute any blame to Mr De Filippi for his horse striking the pylons on either occasion. Mr Butt stated that his horse was having its first start, had raced greenly and “got a bit lost” when the pace increased. He had not received any pressure from Mr De Filippi. Mr Butt said, when asked by Mr McIntyre, that he could not recall calling for room. It was nothing more than “normal competitive racing”.
Mr De Filippi agreed with Mr Butt that “for a split second” he believed that there was room for him to take up the gap on the leader’s back. At that point his own horse had run out, Mr De Filippi said, and the opportunity was lost. When Mr Butt’s horse had improved again on the inside, he had come out, Mr De Filippi said. It was the also the fastest part of the mid-race.
Reasons for Decision:
The Committee carefully listened to the evidence of both parties and carefully viewed the video replays, from a number of angles, which were shown to the hearing.
The allegation of the Stipendiary Stewards was that Mr De Filippi drove in a manner likely to cause interference when he attempted to take a trail behind JAYESBE with approximately 1100 metres to run and/or that, in doing so; he caused WHAT A CARD, driven by Mr Butt, to race inside the pylons.
Mr De Filippi called Mr Butt to give evidence on his behalf. Mr Butt’s evidence was, in the Committee’s view quite unequivocal. In essence, he said that he did not attribute any blame to Mr De Filippi for his, Mr Butt’s, horse striking and racing inside a number of pylons. It had raced inside pylons just prior to the incident to which the charge relates and the Stewards accepted that Mr De Filippi was not responsible for that incident.
Mr Butt said that his horse, WHAT A CARD, was having its first start, was racing greenly and hanging which caused it to strike and race inside pylons as it did.
On the basis, principally, of Mr Butt’s evidence the Committee was not satisfied that Mr De Filippi drove in a manner likely to cause interference or that he drove in a manner which forced Mr Butt’s horse to race inside the pylons. Accepting the evidence of Mr Butt, which the Committee did, this was the only conclusion to which the Committee could come.
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: fba67f51f51aedda09de1fd2c897b287
informantnumber: 69448
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 0
decisiondate: 09/12/2010
hearing_title: Timaru HRC 16 December 2010 - R 3
charge:
Following the running of Race 3, Lion Beverages Mobile Pace, Information No. 69448 was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr C J De Filippi, alleging that Mr De Filippi, as the driver of THOMAS HAMILTON in the race, “drove in a manner likely to cause interference when attempting to take the trail behind JAYESBE (G D Smith) which caused WHAT A CARD (A M Butt) to strike several pylons with 1100 metres to race”.
facts:
At the commencement of the hearing, Mr McIntyre sought leave of the Committee to amend the information to include Rule 869 (7A) (c). This was explained to Mr De Filippi who indicated that he had no objection to the amendment. The information was amended accordingly.
Mr De Filippi was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(7A) Every horseman who moves inwards shall ensure:
(c) that the movement does not cause any other horseman, horse or sulky to contact any track marker or protrude inside the marker line.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre showed a video replay of the race between the 1200 metres and the 1000 metres. He pointed out Mr De Filippi, driving THOMAS HAMILTON, racing outside the leader, JAYESBE (G D Smith) with approximately 1200 metres to run. Mr Butt driving WHAT A CARD was racing in the trail. Mr De Filippi then attempted to take the lead, which opened up a gap on the back of the leader. At that stage, WHAT A CARD did hang in, get its head round and strike several pylons when the pace increased. Mr McIntyre said that no blame was attributed to Mr De Filippi for this. Mr De Filippi then attempted a shift in to get on to the back of the leader, JAYESBE. Mr McIntyre showed this part of the race from a number of different angles. He alleged that, at no time, was Mr De Filippi clear of Mr Butt. Mr Butt was forced over some pylons as a result. Mr Butt was able to hold his position on the leader’s back.
When asked by Mr De Filippi, Mr McIntyre acknowledged that, where a horse in the trail was not keeping up, another horse was entitled to attempt to get into the gap, but provided it could do so without causing interference.
Mr De Filippi referred to the video replays of the relevant part of the race. He had Mr Butt confirm that his horse had earlier raced quite greenly and had struck 2-3 pylons, without any pressure from Mr De Filippi. The horse was having difficulty holding its position and a gap opened up in front of him. Mr Butt said that Mr De Filippi was entitled to and that he expected Mr De Filippi to attempt to move his horse into that gap. Mr Butt said that his horse had then taken up the gap but raced greenly again and ran in slightly. When Mr De Filippi became aware that Mr Butt had improved again on his inside, he “pulled off”. He did not attribute any blame to Mr De Filippi for his horse striking the pylons on either occasion. Mr Butt stated that his horse was having its first start, had raced greenly and “got a bit lost” when the pace increased. He had not received any pressure from Mr De Filippi. Mr Butt said, when asked by Mr McIntyre, that he could not recall calling for room. It was nothing more than “normal competitive racing”.
Mr De Filippi agreed with Mr Butt that “for a split second” he believed that there was room for him to take up the gap on the leader’s back. At that point his own horse had run out, Mr De Filippi said, and the opportunity was lost. When Mr Butt’s horse had improved again on the inside, he had come out, Mr De Filippi said. It was the also the fastest part of the mid-race.
reasonsfordecision:
The Committee carefully listened to the evidence of both parties and carefully viewed the video replays, from a number of angles, which were shown to the hearing.
The allegation of the Stipendiary Stewards was that Mr De Filippi drove in a manner likely to cause interference when he attempted to take a trail behind JAYESBE with approximately 1100 metres to run and/or that, in doing so; he caused WHAT A CARD, driven by Mr Butt, to race inside the pylons.
Mr De Filippi called Mr Butt to give evidence on his behalf. Mr Butt’s evidence was, in the Committee’s view quite unequivocal. In essence, he said that he did not attribute any blame to Mr De Filippi for his, Mr Butt’s, horse striking and racing inside a number of pylons. It had raced inside pylons just prior to the incident to which the charge relates and the Stewards accepted that Mr De Filippi was not responsible for that incident.
Mr Butt said that his horse, WHAT A CARD, was having its first start, was racing greenly and hanging which caused it to strike and race inside pylons as it did.
On the basis, principally, of Mr Butt’s evidence the Committee was not satisfied that Mr De Filippi drove in a manner likely to cause interference or that he drove in a manner which forced Mr Butt’s horse to race inside the pylons. Accepting the evidence of Mr Butt, which the Committee did, this was the only conclusion to which the Committee could come.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 869(4) and 869(7A)(c)
Informant: N G McIntrye, Stipendiary Steward
JockeysandTrainer: C J De Filippi, Licensed Open Horseman
Otherperson: Mr A M Butt, Licensed Open Horseman
PersonPresent:
Respondent:
StipendSteward:
raceid: 5151ffef2d5841b07d42ef25e6c47a10
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 173bb8d0bdc75272012410d75f3e42fc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2010
meet_title: Timaru HRC - 16 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Timaru HRC