Ashburton TC – 18 May 2010 – R 3

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startdate: 18/05/2010

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hearing_title: Ashburton TC - 18 May 2010 - R 3

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  N G McIntyre, Stipendiary Steward

Defendant:  C J De Filippi, Licensed Open Horseman

Information No:  68956

Meeting:  Ashburton Trotting Club

Date:  18 May 2010

Venue:  Addington Raceway, Christchurch

Race:  3

Rule No:  847 (2)

Judicial Committee:  R G McKenzie, Chairman – J Millar, Committee Member

Plea:  Not Admitted

THE CHARGE:

Following the running of Race 3, 100% Stewart & Holland Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr C J De Filippi, alleging a breach of Rule 847 (2) in that Mr De Filippi, as the driver of MOTU POCKET O’JEWELS in the Race, “failed to have his chin strap securely fastened during the race”.

Mr De Filippi was present at the hearing of the information and he indicated that he did not admit the breach.

Rule 847 provides as follows:

(2)     A horseman shall while seated in a sulky at a race meeting wear his safety helmet with the chin strap securely fastened.

THE FACTS:

Mr McIntyre showed a video replay of part of Race 3 from the 800 metres to the 600 metres. He pointed out that Mr De Filippi’s chin strap had “come adrift” and was flapping on his shoulder. Mr De Filippi did not dispute the allegation and the loose chin strap could be clearly seen from the video replay. It appeared that the strap had been done up for the greater part of the Race and appeared to come undone when Mr De Filippi looked across to his left and back some 200 metres earlier.

SUBMISSIONS:

Mr McIntyre submitted that the Rule was one of strict liability.

Mr De Filippi had a video of the horse parading prior to the start shown to the hearing, from which it was apparent that the chin strap was fastened. He produced the helmet in question. It was relatively new and had been used for only about six race meetings, Mr De Filippi said. The Committee members carefully examined the helmet and, particularly, the fastening mechanism. Mr De Filippi said that the strap could not be fastened “half pie” and that it was either fastened or it was not. This certainly appeared to the Committee to be so from its examination of the equipment.

REASONS:

Mr McIntyre showed a video replay of the relevant part of the race that showed the chin strap of Mr De Filippi’s helmet clearly unfastened and flapping around his right shoulder. The video also showed that, some 200 metres earlier, the chinstrap appeared to be fastened when Mr De Filippi could be seen looking to his left. That was at about the 800 metres mark so, 200 metres later, it had become unfastened.

Mr De Filippi did not dispute the facts. He explained that the helmet was almost new and in good condition. He said that it had been securely fastened prior to the start (and we saw video evidence of this) and he was simply unable to explain how the strap became unfastened.

The Committee members inspected the helmet and were satisfied that the fastening apparatus was in good working order and, by all appearances, infallible. 

Mr McIntyre submitted, at the outset of the hearing, that the breach was one of strict liability. The Committee agrees that, as a starting point at least, this is so.

However, Judicial Committees must have a discretion in cases where the horseman has taken all reasonable steps to secure his helmet, where the equipment is clearly in good order and condition (which it was in this case) and where there is no explanation whatsoever as to the cause of the chin strap’s becoming unfastened. The only explanation is that it was the result of some “freak” occurrence. Be that as it may, we are satisfied that there was a total absence of fault on Mr De Filippi’s part and that the chin strap’s becoming unfastened was a matter beyond his control and one that could not reasonably have been foreseen.  This being the case, we are not prepared to find a charge against Mr De Filippi to be proved.

DECISION:

The charge was dismissed.

R G McKenzie             J Millar

CHAIR                       Committee Member

68956

sumissionsforpenalty:

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penalty:

hearing_type: Old Hearing

Rules: 847 (2)

Informant:

JockeysandTrainer:

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StipendSteward:

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race_title: R 3

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name: Ashburton TC