Ashburton TC 24 December 2019 – R 7 (adjourned hearing heard 29 December 2019 at Motukarara – Chair, Mr R McKenzie
ID: JCA18905
Hearing Type (Code):
harness-racing
Meet Title:
Ashburton TC - 24 December 2019
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2019/12/24
Race Number:
R 7
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N M Ydgren, Chief Stipendiary Steward
Defendant: C J DeFilippi, Licensed Open Driver
Information No: A12354
Meeting: Ashburton Trotting Club
Date: 24 December 2019 (heard 29 December 2019 at Motukarara)
Venue: Ashburton Raceway, Ashburton
Race: 7
Rule No: 869 (4) & (6) (b) & (c)
Judicial Committee: R G McKenzie, Chairman
Plea: Admitted
FACTS:
Following the running of Race 7, Chelsea Properties Ashburton Cup (Handicap Pace), an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr CJ DeFilippi, alleging that, as the driver of MIKEY MAGUIRE in the race, “he forced NANDOLO (JW Cox) to race wider on the track near the 2900 metres” in breach of the Pushout Rule.
The Information was filed with the Judicial Committee on the raceday and adjourned sine die. The Information was served on Mr DeFilippi at the meeting of Banks Peninsula Trotting Club held at Motukarara on 29 December 2019 and was heard at that meeting.
Mr DeFilippi had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. The Committee held that Mr DeFilippi had a reasonable excuse for failing to appear at the hearing and that clause 24.3 of the Fifth Schedule to the Rules does not apply.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof: -
(b) a horse during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
SUBMISSIONS:
Mr Ydgren showed video replays of the incident, approximately 300 metres after the start of the 3200 metres standing start event. He pointed out MIKEY MAGUIRE, which had started from 30 metres, driven by Mr DeFilippi, racing in 7th place, four places back on the markers, as the field approached the bend out of the front straight. NANDOLO, driven by Mr Cox, had settled into the one-one on the back of MATT DAMON (MJ Anderson), Mr Ydgren said.
Mr Ydgren then pointed out Mr DeFilippi shift away from the markers, forcing Mr Cox to a 3-wide position. Mr DeFilippi settled on the back of MATT DAMON and Mr Cox took his runner forward and 3-wide.
DECISION:
Mr DeFilippi having admitted the breach, the charge was found proved.
PENALTY SUBMISSIONS:
Mr Ydgren referred the Committee to the Penalty Guide starting point for a breach of the Rule of a $250 fine or a 5-drives suspension. Mr DeFilippi had indicated to the Stewards that he would prefer a term of suspension, Mr Ydgren said. It was an aggravating factor that NANDOLO, 2/1 in the betting, had been taken from a good position to being forced to race 3-wide and then parked, Mr Ydgren said. This called for an uplift in the starting point, he submitted.
Mitigating factors were Mr DeFilippi’s record, which was clear, and his admission of the breach, although inevitable, Mr Ydgren submitted. Stewards were submitting that a 2-day suspension would be an appropriate penalty. Mr DeFilippi had asked Mr Ydgren to seek, on his behalf, a deferment of suspension until after the meeting of Rangiora HRC on 3 January 2020.
REASONS FOR PENALTY:
The Committee is prepared to agree to Mr DeFilippi’s preference for a suspension over a fine, and grants his request for a deferment. Weighing the aggravating factor referred to by Mr Ydgren against the mitigating factors of Mr DeFilippi’s record and admission of the breach, the Committee has decided that a 2-day suspension is the appropriate penalty.
PENALTY:
Mr DeFilippi’s Open Driver’s licence is suspended from after the close of racing on 3 January 2020 up to and including 10 January 2020, after which date he may drive. The two meetings intended to be encompassed by the term of suspension are Timaru HRC on 7 January and Nelson HRC on 10 January 2020.
R G McKenzie
CHAIRMAN
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: 1da1c5b270af6b6efd61867527860434
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 24/12/2019
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Ashburton TC 24 December 2019 - R 7 (adjourned hearing heard 29 December 2019 at Motukarara - Chair, Mr R McKenzie
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: N M Ydgren, Chief Stipendiary Steward
Defendant: C J DeFilippi, Licensed Open Driver
Information No: A12354
Meeting: Ashburton Trotting Club
Date: 24 December 2019 (heard 29 December 2019 at Motukarara)
Venue: Ashburton Raceway, Ashburton
Race: 7
Rule No: 869 (4) & (6) (b) & (c)
Judicial Committee: R G McKenzie, Chairman
Plea: Admitted
FACTS:
Following the running of Race 7, Chelsea Properties Ashburton Cup (Handicap Pace), an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr CJ DeFilippi, alleging that, as the driver of MIKEY MAGUIRE in the race, “he forced NANDOLO (JW Cox) to race wider on the track near the 2900 metres” in breach of the Pushout Rule.
The Information was filed with the Judicial Committee on the raceday and adjourned sine die. The Information was served on Mr DeFilippi at the meeting of Banks Peninsula Trotting Club held at Motukarara on 29 December 2019 and was heard at that meeting.
Mr DeFilippi had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. The Committee held that Mr DeFilippi had a reasonable excuse for failing to appear at the hearing and that clause 24.3 of the Fifth Schedule to the Rules does not apply.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
(6) Subject to sub-rule (4) hereof: -
(b) a horse during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
SUBMISSIONS:
Mr Ydgren showed video replays of the incident, approximately 300 metres after the start of the 3200 metres standing start event. He pointed out MIKEY MAGUIRE, which had started from 30 metres, driven by Mr DeFilippi, racing in 7th place, four places back on the markers, as the field approached the bend out of the front straight. NANDOLO, driven by Mr Cox, had settled into the one-one on the back of MATT DAMON (MJ Anderson), Mr Ydgren said.
Mr Ydgren then pointed out Mr DeFilippi shift away from the markers, forcing Mr Cox to a 3-wide position. Mr DeFilippi settled on the back of MATT DAMON and Mr Cox took his runner forward and 3-wide.
DECISION:
Mr DeFilippi having admitted the breach, the charge was found proved.
PENALTY SUBMISSIONS:
Mr Ydgren referred the Committee to the Penalty Guide starting point for a breach of the Rule of a $250 fine or a 5-drives suspension. Mr DeFilippi had indicated to the Stewards that he would prefer a term of suspension, Mr Ydgren said. It was an aggravating factor that NANDOLO, 2/1 in the betting, had been taken from a good position to being forced to race 3-wide and then parked, Mr Ydgren said. This called for an uplift in the starting point, he submitted.
Mitigating factors were Mr DeFilippi’s record, which was clear, and his admission of the breach, although inevitable, Mr Ydgren submitted. Stewards were submitting that a 2-day suspension would be an appropriate penalty. Mr DeFilippi had asked Mr Ydgren to seek, on his behalf, a deferment of suspension until after the meeting of Rangiora HRC on 3 January 2020.
REASONS FOR PENALTY:
The Committee is prepared to agree to Mr DeFilippi’s preference for a suspension over a fine, and grants his request for a deferment. Weighing the aggravating factor referred to by Mr Ydgren against the mitigating factors of Mr DeFilippi’s record and admission of the breach, the Committee has decided that a 2-day suspension is the appropriate penalty.
PENALTY:
Mr DeFilippi’s Open Driver’s licence is suspended from after the close of racing on 3 January 2020 up to and including 10 January 2020, after which date he may drive. The two meetings intended to be encompassed by the term of suspension are Timaru HRC on 7 January and Nelson HRC on 10 January 2020.
R G McKenzie
CHAIRMAN
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(4)& (6)(b)&(c)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 24f1945bc2e8cb709de4106152820646
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race_title: R 7
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meetdate: 24/12/2019
meet_title: Ashburton TC - 24 December 2019
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meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
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name: Ashburton TC