Cheviot HRC – 13 March 2005 – Race 3

Following the running of Race 3, Cheviot Motor Co. Ltd & Castrol NZ Ltd Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr C J de Filippi, alleging that Mr de Filippi, as the driver of JUST N TIME in the Race, failed to trail with his horse's head behind the seat of the sulky being trailed for approximately 200 metres from the 2100 metres, a breach of the "half carting Rule".

Mr de Filippi did not admit the breach.

Mrs Williams alleged that Mr de Filippi, quite clearly, had his horse's head on the outside wheel of the horse in front instead of being on the driver's back. She acknowledged that the horse was hanging but submitted that this would not prevent the horse maintaining its correct position. Mrs Williams alleged that Mr de Filippi had done this over a distance of over 200 metres and this had "had a bearing" on the horses behind ? they did not know whether Mr de Filippi was coming out or going back down.

Mr B R Williams, Deputy Stipendiary Steward, who had viewed the incident from the patrol box at the end of the back straight, showed the incident on video replays. Mr Williams stated that Mr de Filippi had been racing in the one-out line and had shifted down to trail, in a position in line with the wheel of the horse in front, for a distance of 200 metres. He showed Mr de Filippi look around

on a number of occasions which, he submitted, showed that he did not wish to get caught on the fence. He had occupied a half-carting position causing problems for the horses and drivers behind resulting in a "general disorganisation" of the field. Mr Williams said that, while Mr de Filippi's horse appeared to be hanging out, Mr de Filippi's concern seemed to be more with what was coming from behind him rather than positioning his horse either in the trail or one off the running line. Mr Williams said he did not believe that Mr de Filippi was having difficulty trying to keep his horse on the back of the runner in front.

Mr de Filippi stated that his horse "had its head round" and he was not able to keep it on the back of the horse in front. He further stated that what was happening behind him was nothing to do with him. He denied that he was dictating to them. He said there were different reasons for his being slow to make up his mind about coming out. He had made up his mind to come out well before the horses behind had got anywhere near him, he said. It was a matter of his horse not steering properly. The head of his horse may have been behind the seat of the horse in front but the rest of its body was not because its head was round. He acknowledged that his cart was out. His horse only straightened its head when he pulled it out, he said. He denied that he half-carted for a distance of 200 metres ? his horse had hung for 400 metres and he had taken 40 metres to come out, he said.

Following a deliberation, the Committee delivered the following oral decision:

"I have considered the evidence of both parties in this matter and I have carefully considered the video evidence. The terms of Rule 869 (5) are quite simple and very specific. The Rule requires that a horseman shall trail with his horse's head behind the seat of the sulky wheel being trailed. Mr de Filippi contended that the horses behind him were not affected and that he had elected to come out in plenty of time. However, the Rule does not require the Stipendiary Stewards to prove any adverse effect on the horses behind ? all they need to show is the fact of the horse's head not being behind the seat of the horse being trailed. Mr de Filippi also contended that his horse was hanging and that its head was, in fact, where it should have been even though the sulky may have been wider on the track. I do not accept that the fact that the horse may have been hanging has any bearing on whether or not Mr de Filippi is guilty of the alleged breach. It is significant, in my view, that over a distance of some 200 metres over which Mr de Filippi was alleged to have been half-carting that he looked behind and to his right on at least four occasions. This, in my view, indicates an intention on his part to leave moving out until the last possible moment while, clearly, in the meantime, trailing the wheel of the runner in front. I am satisfied that the breach of Rule 869 (5) has been proved."

Mrs Williams recommended a fine of $200. She informed the Committee that there had been no breaches of the Rules by Mr de Filippi in the last 12 months.

Mr de Filippi elected not to make any submissions in relation to penalty.

Mr de Filippi was fined the sum of $200.00.