NZ Metro TC – 4 May 2007 – Race 3

hearingid: b5650db1b62644f8f8bc91a1d79ccfc9

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hearing_racingtype: harness-racing

startdate: 04/05/2007

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decisiondate: no date provided

hearing_title: NZ Metro TC - 4 May 2007 - Race 3

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Decision:

Following the running of Race 3, the Ray White Real Estate Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr M. R. De Fillipi the driver of "Jet Lightening" (5) alleging that he had committed a breach of Rule 869(3)(b)

Following the running of Race 3, the Ray White Real Estate Mobile Pace, an information was laid by Stipendiary Steward Mr N. G. McIntyre against Mr M. R. De Fillipi the driver of "Jet Lightening" (5) alleging that he had committed a breach of Rule 869(3)(b). The charge reads as follows.

"I the above named informant allege that the above named Defendant committed a breach of Rule 869(3)(b) in that horseman M. De Fillipi (Jet Lightening) drove carelessly with Approx. 200m to run contacting Sweet Emotion (J. Cox) resulting in Sweet Emotion breaking."

Rule 869(3)(b) reads as follows.

"No horseman in any race shall drive carelessly."

Mr De Fillipi indicated on the information that he did not admit the breach

of this rule, and he confirmed this at the hearing. Mr De Fillipi also agreed that he understood the Rule and the nature of the charge.

Stipendiary Steward Mr N. Ydgren showed video coverage of this incident from various angles. The allegation was that Mr De Fillipi had not been clear of Mr Cox's horse when he made his outwards movement. As a result there had been contact which caused Mr Cox's horse to break.

Mr J. W. Cox gave evidence that on entering the straight for the final time Mr De Fillipi moved up on the inside of him, and then moved outwards looking for a run. In making this move Mr De Fillipi's sulky wheel came into contact with his horse's leg causing it to break. Mr Cox confirmed that his horse was beaten at the time and that it would not have finished in a stake bearing place.

In answer to questions from Mr De Fillipi Mr Cox said that he was trying to get out of Mr De Fillipi's way, but that his horse was not responding to his attempts to do this. It was also suggested that Mr Cox's horse was hanging in, but this was disputed.

Mr De Fillipi gave evidence that he had moved his horse outwards to secure a run, and he agreed that there had been contact made. It was Mr De Fillipi's case that he was entitled to move Mr Cox out of his way to secure a run, and he did not consider that he had driven his horse carelessly.

At the conclusion of the evidence I drew the provisions of Rule 869(7) to the attention of Mr De Fillipi. This Rule, so far as it is relevant, provides as follows ?

"(7) ??from this point [during the last 1000 metres of the race] all horsemen shall be expected to make moves, with safety, to ensure the horse obtains the best possible place in the field."

After hearing the evidence I adjourned to consider my decision.

The evidence was clear that Mr De Fillipi had been looking for a run and in making his move outwards he had made contact with "Sweet Emotion" driven by Mr Cox. Mr De Fillipi is right when he says that he is permitted by the Rules to move a horse outwards to make a run. However any such movement must be made "with safety". Making contact with another horse and causing it to break is not making a move with safety.

Mr Cox conceded that he tried to steer his horse out of Mr De Fillipi's way, but that his horse did not respond as he had expected. I find that Mr Cox's horse did not cause the contact to be made and that it ran in a straight line during this incident. It was not hanging in.

On returning to the Enquiry Room I gave the following oral decision.

"Having heard the evidence and having seen the video coverage I am satisfied that Mr De Fillipi drove his horse outwards when not clear of "Sweet Emotion". As a result there was contact made and this amounts to careless driving. I therefore find the charge proved."

After considering the question of penalty I was satisfied that a fine of $200-00 was appropriate and Mr De Fillipi was fined that amount.

Chairman

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hearing_type: Old Hearing

Rules: 869.3.b, 869.7

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raceid: 0b95f45c173ef35ce05c1b332fa17cec

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race_title: Race 3

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meetid: b1d9da9cbd5aa558f73a6ce5d7a0a3fd

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meetdate: 04/05/2007

meet_title: NZ Metro TC - 4 May 2007

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name: NZ Metro TC