Archive Decision

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NZ Metro TC – 21 July 2009 – Race 7

ID: JCA20277

Hearing Type:
Old Hearing

Rules:
869.4

Hearing Type (Code):
harness-racing

Meet Title:
NZ Metro TC - 21 July 2009

Race Date:
2009/07/21

Race Number:
Race 7

Decision:

Following the running of Race 7, Searells Chartered Accountants Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr C J De Filippi, alleging a breach of Rule 869 (4) and (6) (b) & (c) – the push-out Rule – in that he “shifted his horse NAUGHTY MEE outwards with approximately 1100 metres to run causing KONNI KASE (J L Williams) to be shifted four wide”.

--

 



Following the running of Race 7, Searells Chartered Accountants Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr C J De Filippi, alleging a breach of Rule 869 (4) and (6) (b) & (c) – the push-out Rule – in that he “shifted his horse NAUGHTY MEE outwards with approximately 1100 metres to run causing KONNI KASE (J L Williams) to be shifted four wide”.

--

Mr De Filippi had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The charge was found proved accordingly.

--

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.

--

(6) Subject to sub-rule (4) hereof:-
  (b)  a horse making a forward movement during any race shall not be forced to race wider on the
               track;
 (c)  a horse during any race shall not move ground outwards once the nose of the wider runner
               coming forward is in line with or past its sulk wheel and until the wider runner going forward is
               fully past. 

--

Mrs Williams showed video replays of the incident with approximately 1100 metres to run in the Race. She pointed out KONNI KASE racing at the rear of the field at that point. She showed NAUGHTY MEE three horses ahead of Ms Williams. KONNI KASE improved 3-wide and got well outside of Mr De Filippi’s wheel when Mr De Filippi moved out from the 2-wide to the 3-wide line and, in doing so, shifted KONNI KASE out 4-wide. Ms Williams was not keeping up but was nevertheless entitled to improve without being forced to race wider on the track, Mrs Williams said.

--

Mrs Williams recommended a fine of $200. Mr De Filippi had not breached the push-out Rule in the previous 12 months.

--

The Committee took into account Mr De Filippi’s admission of the breach and his previous good record.

--

Mr De Filippi was fined the sum of $200.

--

R G McKenzie
CHAIR
67773

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: 57cbb7e31145304c7cee07b3e7db3446


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 21/07/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: NZ Metro TC - 21 July 2009 - Race 7


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Following the running of Race 7, Searells Chartered Accountants Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr C J De Filippi, alleging a breach of Rule 869 (4) and (6) (b) & (c) – the push-out Rule – in that he “shifted his horse NAUGHTY MEE outwards with approximately 1100 metres to run causing KONNI KASE (J L Williams) to be shifted four wide”.

--

 



Following the running of Race 7, Searells Chartered Accountants Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Driver, Mr C J De Filippi, alleging a breach of Rule 869 (4) and (6) (b) & (c) – the push-out Rule – in that he “shifted his horse NAUGHTY MEE outwards with approximately 1100 metres to run causing KONNI KASE (J L Williams) to be shifted four wide”.

--

Mr De Filippi had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The charge was found proved accordingly.

--

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.

--

(6) Subject to sub-rule (4) hereof:-
  (b)  a horse making a forward movement during any race shall not be forced to race wider on the
               track;
 (c)  a horse during any race shall not move ground outwards once the nose of the wider runner
               coming forward is in line with or past its sulk wheel and until the wider runner going forward is
               fully past. 

--

Mrs Williams showed video replays of the incident with approximately 1100 metres to run in the Race. She pointed out KONNI KASE racing at the rear of the field at that point. She showed NAUGHTY MEE three horses ahead of Ms Williams. KONNI KASE improved 3-wide and got well outside of Mr De Filippi’s wheel when Mr De Filippi moved out from the 2-wide to the 3-wide line and, in doing so, shifted KONNI KASE out 4-wide. Ms Williams was not keeping up but was nevertheless entitled to improve without being forced to race wider on the track, Mrs Williams said.

--

Mrs Williams recommended a fine of $200. Mr De Filippi had not breached the push-out Rule in the previous 12 months.

--

The Committee took into account Mr De Filippi’s admission of the breach and his previous good record.

--

Mr De Filippi was fined the sum of $200.

--

R G McKenzie
CHAIR
67773


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.4


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8fe9c4041fd9664f6ddca0decd0c12f0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 7


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meetdate: 21/07/2009


meet_title: NZ Metro TC - 21 July 2009


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meet_racingtype: harness-racing


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name: NZ Metro TC