Archive Decision

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Ashburton TC 1 June 2014 – R 9

ID: JCA17345

Applicant:
S Wallis-Stipendiary Steward

Respondent(s):
C DeFilippi-Licensed Open Horseman

Information Number:
A1784

Hearing Type:
Hearing

New Charge:
Breach of Rule 869(2)(a)-excessive use of the whip.

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Ashburton TC - 1 June 2014

Meet Chair:
SChing

Meet Committee Member 1:
KHales

Race Date:
2014/06/01

Race Number:
R9

Decision:

As Mr DeFilippi had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly Mr DeFilippi was fined the sum of $200.

Facts:

Following the running of Race 9, the McIntosh Catering Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr C DeFilippi, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the concluding stages.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”

Mr DeFilippi had endorsed the Information that this breach of the Rules was admitted. Mr DeFilippi had also informed the Stewards that he did not want to be present at the hearing.

Mr Wallis gave evidence and showed video replays of the incident which showed Mr DeFilippi driving MADDISON HILL strike the mare on 21 occasions over the concluding stages. Mr Wallis said it was the sheer number of strikes that had bought about the charge.

Mr Wallis said that Mr DeFillippi did not dispute the number of strikes when interviewed by the Stewards at an earlier investigation of the incident.

Submissions for Penalty:

Mr Wallis stated that Mr DeFilippi was a very busy driver having had 278 drives so far this season. He also stated that Mr DeFilippi had a clear record in relation to this rule over the previous 12 months. He also stated that Mr DeFilippi had admitted the breach at the first opportunity and together with his good record submitted that a fine of $200 be considered as penalty.

Reasons for Penalty:

In determining penalty we took the JCA Penalty Guide recommendation of a $300 fine for a breach of this Rule, as a starting point. We were able to give Mr DeFilippi credit for his frank admission of the breach to which we were able to give a discount of $50 with a further discount of $50 for his clear record. We therefore determined that an appropriate penalty on this occasion was a fine of $200.

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: fc3eb4b8988ab920e3ba682ca74018b9


informantnumber: A1784


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.


plea: admitted


penaltyrequired: 1


decisiondate: 26/05/2014


hearing_title: Ashburton TC 1 June 2014 - R 9


charge:


facts:

Following the running of Race 9, the McIntosh Catering Mobile Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr C DeFilippi, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the concluding stages.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”

Mr DeFilippi had endorsed the Information that this breach of the Rules was admitted. Mr DeFilippi had also informed the Stewards that he did not want to be present at the hearing.

Mr Wallis gave evidence and showed video replays of the incident which showed Mr DeFilippi driving MADDISON HILL strike the mare on 21 occasions over the concluding stages. Mr Wallis said it was the sheer number of strikes that had bought about the charge.

Mr Wallis said that Mr DeFillippi did not dispute the number of strikes when interviewed by the Stewards at an earlier investigation of the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr DeFilippi had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Wallis stated that Mr DeFilippi was a very busy driver having had 278 drives so far this season. He also stated that Mr DeFilippi had a clear record in relation to this rule over the previous 12 months. He also stated that Mr DeFilippi had admitted the breach at the first opportunity and together with his good record submitted that a fine of $200 be considered as penalty.


reasonsforpenalty:

In determining penalty we took the JCA Penalty Guide recommendation of a $300 fine for a breach of this Rule, as a starting point. We were able to give Mr DeFilippi credit for his frank admission of the breach to which we were able to give a discount of $50 with a further discount of $50 for his clear record. We therefore determined that an appropriate penalty on this occasion was a fine of $200.


penalty:

Accordingly Mr DeFilippi was fined the sum of $200.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: S Wallis-Stipendiary Steward


JockeysandTrainer: C DeFilippi-Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b493af4eb0e6ac4f366e9b43b13f9c8e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cbf4180a08eb414fea0e9827e782cd25


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/06/2014


meet_title: Ashburton TC - 1 June 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: KHales


meet_pm2: none


name: Ashburton TC