Ashburton TC 25 February 2018 – R 1 – Chair, Mr D Anderson
ID: JCA14624
Meet Title:
Ashburton TC - 25 February 2018
Meet Chair:
DAnderson
Meet Committee Member 1:
SChing
Race Date:
2018/02/25
Race Number:
R 1
Decision:
As Mr DeFilippi admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr DeFilippi’s licence to drive is suspended from after the conclusion of racing on the 4th of March 2018 up to and including racing on the 11th March 2018.
Meetings encompassed in this suspension are:
Westport 9th March 2018
Reefton 11th March 2018
Facts:
Following the running of Race 1 the “MASTERGUARD TROT” an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver, Mr C DeFilippi. The Information stated that Driver C DeFilippi (LONE STAR LAD) forced LOVEY DOVEY MOMENT (J Keast) to race wider near the 1250 metres.
Mr DeFilippi had signed the information stating he admitted the breach and that he did not wish to be present at the hearing.
Rule 869(4)(6)(b)(c) reads 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 making a forward movement 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.”
Mr Renault and Mr Wadley used the race video to identify Mr DeFilippi (LONE STAR LAD) racing 4 back on the rail and Mr Keast (LOVEY DOVEY MOMENT) racing a length and a half back in the two- wide line. Mr Renault used three angles of film to emphasize that Mr Keast was improving into the gap in front of him approaching the 1250 and to show Mr DeFilippi angle out from his position dictating Mr Keast three wide. He said that Mr Keast was forced to race three wide for the remainder of the race.
Submissions for Penalty:
Mr Wadley said Mr DeFilippi has had 177 drives this season and 335 last season. He had one breach of this rule in May 2017 at Rangiora where he was fined $200. He said Mr DeFilippi has had 224 drives since that breach which constitutes a clear record. Mr Renault said the Stewards saw this breach as mid-range and as Mr DeFilippi indicated he would prefer a suspension rather than a fine, a two-day suspension would be an appropriate penalty.
Mr Renault said that Mr DeFilippi had asked for a deferment of any suspension until after the Cheviot meeting on the 4th March.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point for a breach of this rule of five drives, or a fine of $250. This Committee determined that a suspension is an appropriate penalty in this case.
There are no aggravating factors to consider so no uplift in penalty is warranted.
The Mitigating factor is Mr Defilippi’ s admittance of the breach.
We determined that a 2-day suspension equated to a 6-drive suspension, in Mr DeFilippi’s case, and therefore agreed with the Stewards submission and determined that a 2-day suspension was an appropriate penalty in this case.
Mr DeFilippi’s request for a deferment until after racing on the 4th March 2018 was granted by the Committee.
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: 9be92eb538aa8826dde3b57e0b73e90c
informantnumber: A10166
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Causing Interference
plea: admitted
penaltyrequired: 1
decisiondate: 26/02/2018
hearing_title: Ashburton TC 25 February 2018 - R 1 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 1 the “MASTERGUARD TROT” an Information was filed by Stipendiary Steward, Mr S Renault alleging a breach of Rule 869 (4)(6)(b)(c) by Open Driver, Mr C DeFilippi. The Information stated that Driver C DeFilippi (LONE STAR LAD) forced LOVEY DOVEY MOMENT (J Keast) to race wider near the 1250 metres.
Mr DeFilippi had signed the information stating he admitted the breach and that he did not wish to be present at the hearing.
Rule 869(4)(6)(b)(c) reads 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 making a forward movement 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.”
Mr Renault and Mr Wadley used the race video to identify Mr DeFilippi (LONE STAR LAD) racing 4 back on the rail and Mr Keast (LOVEY DOVEY MOMENT) racing a length and a half back in the two- wide line. Mr Renault used three angles of film to emphasize that Mr Keast was improving into the gap in front of him approaching the 1250 and to show Mr DeFilippi angle out from his position dictating Mr Keast three wide. He said that Mr Keast was forced to race three wide for the remainder of the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr DeFilippi admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Wadley said Mr DeFilippi has had 177 drives this season and 335 last season. He had one breach of this rule in May 2017 at Rangiora where he was fined $200. He said Mr DeFilippi has had 224 drives since that breach which constitutes a clear record. Mr Renault said the Stewards saw this breach as mid-range and as Mr DeFilippi indicated he would prefer a suspension rather than a fine, a two-day suspension would be an appropriate penalty.
Mr Renault said that Mr DeFilippi had asked for a deferment of any suspension until after the Cheviot meeting on the 4th March.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point for a breach of this rule of five drives, or a fine of $250. This Committee determined that a suspension is an appropriate penalty in this case.
There are no aggravating factors to consider so no uplift in penalty is warranted.
The Mitigating factor is Mr Defilippi’ s admittance of the breach.
We determined that a 2-day suspension equated to a 6-drive suspension, in Mr DeFilippi’s case, and therefore agreed with the Stewards submission and determined that a 2-day suspension was an appropriate penalty in this case.
Mr DeFilippi’s request for a deferment until after racing on the 4th March 2018 was granted by the Committee.
penalty:
Accordingly, Mr DeFilippi’s licence to drive is suspended from after the conclusion of racing on the 4th of March 2018 up to and including racing on the 11th March 2018.
Meetings encompassed in this suspension are:
Westport 9th March 2018
Reefton 11th March 2018
hearing_type: Hearing
Rules: 869(4)(6)(b)(c) - the push out rule
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr C DeFilippi - Open Driver
Otherperson: Mr D Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 5ea8d9ad3ec6dcc857bc58e8133ec18e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: be462f30394471b91c72e005a98ef01d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/02/2018
meet_title: Ashburton TC - 25 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: SChing
meet_pm2: none
name: Ashburton TC