Ashburton TC 23 December 2020 – R 8 – Chair, Mr S Ching
ID: JCA15847
Meet Title:
Ashburton TC - 23 December 2020
Meet Chair:
SChing
Race Date:
2020/12/23
Race Number:
R8
Decision:
As Mr DeFilippi had admitted the breach, the charge was found proved.
Penalty:
Mr DeFilippi is suspended from the conclusion of racing today 23 December 2020 up to and including 3 January 2021. Relevant meetings encompassed in this period of suspension were Banks Peninsula on 29 December and Rangiora on 3 January 2021.
Facts:
Following the running of Race 8, the Rakaia Seed Cleaning Ashburton Cup Handicap Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Open Driver, Mr C DeFilippi, alleging a breach of Rule 869(3)(b) in that when driving DADNDAVE, he eased the pace which caused interference to trailing runners near the 2000m.
Mr DeFilippi initially denied the charge but sought leave to change his plea to admitted, as the hearing progressed, which was granted. Mr DeFilippi confirmed to the hearing that he understood the Rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Williams, with the assistance of Manager of Stewards, Mr N McIntyre, gave evidence and used video coverage to show that approaching the 2000m, Mr De Filippi, driving DADNDAVE, was racing on the outside of the leader and attempting to take the lead position from STEEL THE SHOW, driven by Mr J Dunn. This manoeuvre, he said, was unsuccessful with Mr DeFillipi then taking a severe hold of his drive and as a result of that hold, the horses directly behind him were put in a position where they had to heavily restrain. Mr McIntyre stated that the affected horses in order behind Mr DeFilippi were FRANCO NIVEN (G Smith), I’M TOUGH (M Williamson) TANGO TARA (J Curtin) and BURLINGTON (S McNally). Of note, Mr McIntyre stated, was that Mr Curtin had to really grab his horse in order to avoid the sulky of I’M TOUGH with Mr McNally having to shift off the back of Mr Curtin to avoid the interference coming back through the field.
Mr DeFilippi stated that the trailing drivers were remiss and should have been more aware of what was taking place in front of them when the pace eased. He put some responsibility on their lack of action.
Submissions for Penalty:
Mr Williams stated that the JCA penalty Guide provides a 10-drive suspension or a $500 fine as a starting point for a breach of this Rule. He said that Mr DeFilippi’s record over the previous 12 months was clear in regard to this Rule but made particular note that Mr DeFilippi was warned last week for a similar incident at Rangiora on 20 December. Taking into consideration the consequences of Mr DeFilippi’s carelessness, Mr Williams submitted that a fine of no less than $300 be considered as penalty.
Mr DeFilippi submitted that a suspension be considered as penalty. After discussion with Mr DeFilippi, Mr Williams and Stipendiary Steward, Mr S Renault, the Stewards did not oppose a suspension and as Mr DeFillippi averaged 4 to 5 drives at relevant meetings, the Stewards proposed that a 2-day suspension be considered as penalty in this case.
Mr DeFilippi requested any suspension begin as soon as possible.
Reasons for Penalty:
The JCA Penalty Guide provides a $500 fine or a 10-drive suspension starting point for a breach of this Rule. The aggravating factor was the consequential effects to the trailing horses in this incident. The mitigating factors were Mr DeFilippi’s clear record and his eventual admission of the breach. The Committee determined that after taking all factors into consideration and Mr DeFilippi’s average of 4 to 5 drives per meeting, a 2-day suspension was an appropriate penalty.
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: db6cf1d257ead11096c452b6efc9399a
informantnumber: A13618
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 26/12/2020
hearing_title: Ashburton TC 23 December 2020 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Rakaia Seed Cleaning Ashburton Cup Handicap Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Open Driver, Mr C DeFilippi, alleging a breach of Rule 869(3)(b) in that when driving DADNDAVE, he eased the pace which caused interference to trailing runners near the 2000m.
Mr DeFilippi initially denied the charge but sought leave to change his plea to admitted, as the hearing progressed, which was granted. Mr DeFilippi confirmed to the hearing that he understood the Rule he was being charged with.
Rule 869(3)(b) reads as follows:
“(3) No horseman in any race shall drive:-
(b) carelessly:-
Mr Williams, with the assistance of Manager of Stewards, Mr N McIntyre, gave evidence and used video coverage to show that approaching the 2000m, Mr De Filippi, driving DADNDAVE, was racing on the outside of the leader and attempting to take the lead position from STEEL THE SHOW, driven by Mr J Dunn. This manoeuvre, he said, was unsuccessful with Mr DeFillipi then taking a severe hold of his drive and as a result of that hold, the horses directly behind him were put in a position where they had to heavily restrain. Mr McIntyre stated that the affected horses in order behind Mr DeFilippi were FRANCO NIVEN (G Smith), I’M TOUGH (M Williamson) TANGO TARA (J Curtin) and BURLINGTON (S McNally). Of note, Mr McIntyre stated, was that Mr Curtin had to really grab his horse in order to avoid the sulky of I’M TOUGH with Mr McNally having to shift off the back of Mr Curtin to avoid the interference coming back through the field.
Mr DeFilippi stated that the trailing drivers were remiss and should have been more aware of what was taking place in front of them when the pace eased. He put some responsibility on their lack of action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr DeFilippi had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Williams stated that the JCA penalty Guide provides a 10-drive suspension or a $500 fine as a starting point for a breach of this Rule. He said that Mr DeFilippi’s record over the previous 12 months was clear in regard to this Rule but made particular note that Mr DeFilippi was warned last week for a similar incident at Rangiora on 20 December. Taking into consideration the consequences of Mr DeFilippi’s carelessness, Mr Williams submitted that a fine of no less than $300 be considered as penalty.
Mr DeFilippi submitted that a suspension be considered as penalty. After discussion with Mr DeFilippi, Mr Williams and Stipendiary Steward, Mr S Renault, the Stewards did not oppose a suspension and as Mr DeFillippi averaged 4 to 5 drives at relevant meetings, the Stewards proposed that a 2-day suspension be considered as penalty in this case.
Mr DeFilippi requested any suspension begin as soon as possible.
reasonsforpenalty:
The JCA Penalty Guide provides a $500 fine or a 10-drive suspension starting point for a breach of this Rule. The aggravating factor was the consequential effects to the trailing horses in this incident. The mitigating factors were Mr DeFilippi’s clear record and his eventual admission of the breach. The Committee determined that after taking all factors into consideration and Mr DeFilippi’s average of 4 to 5 drives per meeting, a 2-day suspension was an appropriate penalty.
penalty:
Mr DeFilippi is suspended from the conclusion of racing today 23 December 2020 up to and including 3 January 2021. Relevant meetings encompassed in this period of suspension were Banks Peninsula on 29 December and Rangiora on 3 January 2021.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mr C DeFilippi - Open Driver
Otherperson: Mr N McIntyre - General Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: e49a7e5c9635c86b8eea95c2e729da5e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: eef35fbba488c305bcaddfb5aa6faee9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/12/2020
meet_title: Ashburton TC - 23 December 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton TC