Ashburton TC 3 June 2017 – R 5 – Chair, Mr R McKenzie
ID: JCA13648
Meet Title:
Ashburton TC - 3 June 2017
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GHall
Meet Committee Member 2:
SChing
Race Date:
2017/06/03
Race Number:
R5
Decision:
The charge was dismissed.
Facts:
Following the running of Race 5, Christchurch Casino 3YO Ruby (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr C J DeFilippi, alleging that, as the driver of NEEDLE in the race, he “came to the starting gate out of position”.
Mr DeFilippi was present at the hearing of the information and he indicated that he denied the breach.
Rule 857 provides as follows:
(7) No horseman shall:-
(d) come to the starting gate out of position.
Submissions for Decision:
Mr Ydgren said that Mr DeFilippi was the driver of NEEDLE in Race 5. He described the start of the race, a one mile mobile event, as “messy” but it was being alleged that Mr DeFilippi had taken a run that was not his position – he shifted from barrier position 3 (the correct draw) on the second row to barrier position 2 on the second row, to his benefit. This had impacted on Mr Orange driving HABIBI INTA, which had drawn barrier position 2 on the second row, who had been forced into a wrong position and who had been forced to restrain his horse before taking up the correct position prior to the starting point, Mr Ydgren submitted.
Mr Ydgren had Manager of Stewards, Mr N G McIntyre, show the available video replays. He pointed out the mobile gate on the move and Mr DeFilippi, one off the markers on the second row, in barrier position 2, attempting to “cut the corner”, with Mr Orange in barrier position 3. Mr Orange had to accelerate quickly to attempt to get into his correct position while Mr DeFilippi shifted out into his correct position as they got to the start, Mr Ydgren said.
Mr Ydgren submitted that it was quite clear that Mr DeFilippi had taken up barrier position 2, thereby disadvantaging Mr Orange who was denied his rightful position.
Mr DeFilippi said that it was necessary to go right back to the start of the race. He showed on the video that “half of the drivers” were not in position. He said that he did not hear Mr Lamb (the starter) call out or blow the whistle for a start. He turned around and saw the gate moving and knew that he was “in trouble” getting up to the gate before the start. He was aware of his correct starting position, but was 80 metres behind the mobile which was starting to gather speed. He acknowledged that he had to cut the corner in an attempt to get somewhere near the gate.
Mr Orange should have been on his inside instead of out towards the middle of the track, Mr DeFilippi said. The mobile was going too fast resulting in the start being a “bloody shambles”, Mr DeFilippi said, with a number of runners being well behind the gate. None of the runners drawn the second row got anywhere near the gate, he alleged. He was “flat” 70 metres before the start, he said.
Mr DeFilippi asked that the back-straight video replay be paused at the candy pole (a marker situated 50 metres before the starting point). He submitted that there were only five runners on the gate at that point. The horse that had drawn the inside of the second row was back 3 lengths.
Mr DeFilippi called driver, Mr J R Dunn, to give evidence to the hearing. Mr Dunn was the driver of MUSCLES GALORE in the race, which had dawn barrier position 4 on the second row. Mr Dunn, when asked by Mr DeFilippi, said that he had not heard the starter call the runners up or blow his whistle for a start. When the second row runners turned, the gate was “gone”, he said. Mr Dunn said that the gate was going too fast for him to catch it. The inside runners on the front row were “sprinting to catch the gate and those on the second row had “no show”, he said. The speed of the gate was faster than in previous races on the day, Mr Dunn said.
Mr DeFilippi showed the video replay of the gate starting to move and pointed out Mr Orange in the middle of the track, and not in his correct position near the markers. He had not forced Mr Orange out there, Mr DeFilippi said. Mr Orange had at least 100 metres in which to take up his correct position of 2 on the second row. The cause of all of the problems was the speed of the mobile gate, Mr DeFilippi submitted.
Mr DeFilippi showed the field at the point of despatch and submitted that there were only four horses on the gate. This was not usual for a mobile mile race, he submitted. Mr Ydgren agreed with that submission.
The starter, Mr P R Lamb, attended the hearing and said that he had blown the whistle and called the field up but, he conceded, it was possible that some of the drivers may not have heard either. Mr DeFilippi put it to him, and Mr Lamb accepted, that two drivers had told him earlier in the day that the mobile arm was moving too slowly. However, Mr Lamb said, the speed of the mobile gate had not been any faster in this race than was normal. He said it was a field of 3-year-old trotters. He agreed with the suggestion that the start was “a mess” but he did not consider that calling a false start was warranted. He further agreed that the second row horses were all well off the gate, further back than usual, in the score-up and at dispatch point. Mr DeFilippi was not in the correct position initially, being in 2 and not 3 on the second row but was when the start was declared, albeit some distance behind the gate, Mr Lamb said.
Reasons for Decision:
This was a mobile start race over one mile for 3-year-old trotters. There were thirteen starters, with nine to start from the front row and four from the second row. NEEDLE, driven by Mr DeFilippi, had drawn barrier position 3 on the second row, with Mr Orange, driving HABIBI INTA, having drawn barrier position 2 inside of Mr DeFilippi. Mr Dunn, who gave evidence to the hearing, driving MUSCLES GALORE, drew barrier position 4 on the second row.
The video evidence showed quite graphically that the start to the race was most unsatisfactory. It was variously described as a “bloody shambles’ and “a mess”. The Committee agrees. Mr DeFilippi gave evidence that he did not hear the whistle or a call-up from the starter prior to the mobile gate getting into motion. He said that, when he realised the gate was under way, he was quite some distance behind and struggling to catch it as it appeared to travelling faster than normal. Mr Dunn, in his evidence, confirmed both of those matters – that no whistle or call-up was heard by him and that the gate was travelling fast. We accept the evidence of Messrs DeFilippi and Dunn.
Mr DeFilippi admitted that he had “cut the corner” in an attempt to get closer to the gate and in doing so he moved down into barrier position two. However, he submitted, Mr Orange was well out of his correct position at the time, through no fault on Mr DeFilippi’s part and, furthermore, Mr Orange was not inconvenienced by this, he said. It was accepted by all that Mr DeFilippi was in his correct barrier position of three on the second row when the start was declared. Mr Orange may not have been close up in barrier two but this can be explained by the general untidiness of the start as a result of the factors that we have referred to.
The Committee observed that there appeared to be at least five of the thirteen runners out of position at the start. At the actual start point, Mr DeFilippi was in his correct barrier position of 3.
The Committee was satisfied that, in all of the circumstances which have been outlined, Mr DeFilippi was justified in attempting to take reasonable steps to put his runner in the best possible position at the start despite the disadvantageous position it had been placed in, along with the other second row runners. It should be borne in mind that the race was a Group 1 race for a stake of $100,000. We believe that “reasonable steps” includes briefly shifting in on the bend to save ground, which we find Mr DeFilippi was able to do without hampering Mr Orange, who was still well out of position at that point. We are not satisfied that Mr DeFilippi had “come to the starting gate out of position” as prohibited by the Rule.
JCA Decision Fields (raw)
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hearingid: 5387317527363861d384e0a0aae745c4
informantnumber: A5522
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Coming to Starting Gate Out of Position
plea: denied
penaltyrequired: 0
decisiondate: 06/06/2017
hearing_title: Ashburton TC 3 June 2017 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, Christchurch Casino 3YO Ruby (Group 1), an information was filed by Chief Stipendiary Steward, Mr N M Ydgren, against Licensed Open Horseman, Mr C J DeFilippi, alleging that, as the driver of NEEDLE in the race, he “came to the starting gate out of position”.
Mr DeFilippi was present at the hearing of the information and he indicated that he denied the breach.
Rule 857 provides as follows:
(7) No horseman shall:-
(d) come to the starting gate out of position.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren said that Mr DeFilippi was the driver of NEEDLE in Race 5. He described the start of the race, a one mile mobile event, as “messy” but it was being alleged that Mr DeFilippi had taken a run that was not his position – he shifted from barrier position 3 (the correct draw) on the second row to barrier position 2 on the second row, to his benefit. This had impacted on Mr Orange driving HABIBI INTA, which had drawn barrier position 2 on the second row, who had been forced into a wrong position and who had been forced to restrain his horse before taking up the correct position prior to the starting point, Mr Ydgren submitted.
Mr Ydgren had Manager of Stewards, Mr N G McIntyre, show the available video replays. He pointed out the mobile gate on the move and Mr DeFilippi, one off the markers on the second row, in barrier position 2, attempting to “cut the corner”, with Mr Orange in barrier position 3. Mr Orange had to accelerate quickly to attempt to get into his correct position while Mr DeFilippi shifted out into his correct position as they got to the start, Mr Ydgren said.
Mr Ydgren submitted that it was quite clear that Mr DeFilippi had taken up barrier position 2, thereby disadvantaging Mr Orange who was denied his rightful position.
Mr DeFilippi said that it was necessary to go right back to the start of the race. He showed on the video that “half of the drivers” were not in position. He said that he did not hear Mr Lamb (the starter) call out or blow the whistle for a start. He turned around and saw the gate moving and knew that he was “in trouble” getting up to the gate before the start. He was aware of his correct starting position, but was 80 metres behind the mobile which was starting to gather speed. He acknowledged that he had to cut the corner in an attempt to get somewhere near the gate.
Mr Orange should have been on his inside instead of out towards the middle of the track, Mr DeFilippi said. The mobile was going too fast resulting in the start being a “bloody shambles”, Mr DeFilippi said, with a number of runners being well behind the gate. None of the runners drawn the second row got anywhere near the gate, he alleged. He was “flat” 70 metres before the start, he said.
Mr DeFilippi asked that the back-straight video replay be paused at the candy pole (a marker situated 50 metres before the starting point). He submitted that there were only five runners on the gate at that point. The horse that had drawn the inside of the second row was back 3 lengths.
Mr DeFilippi called driver, Mr J R Dunn, to give evidence to the hearing. Mr Dunn was the driver of MUSCLES GALORE in the race, which had dawn barrier position 4 on the second row. Mr Dunn, when asked by Mr DeFilippi, said that he had not heard the starter call the runners up or blow his whistle for a start. When the second row runners turned, the gate was “gone”, he said. Mr Dunn said that the gate was going too fast for him to catch it. The inside runners on the front row were “sprinting to catch the gate and those on the second row had “no show”, he said. The speed of the gate was faster than in previous races on the day, Mr Dunn said.
Mr DeFilippi showed the video replay of the gate starting to move and pointed out Mr Orange in the middle of the track, and not in his correct position near the markers. He had not forced Mr Orange out there, Mr DeFilippi said. Mr Orange had at least 100 metres in which to take up his correct position of 2 on the second row. The cause of all of the problems was the speed of the mobile gate, Mr DeFilippi submitted.
Mr DeFilippi showed the field at the point of despatch and submitted that there were only four horses on the gate. This was not usual for a mobile mile race, he submitted. Mr Ydgren agreed with that submission.
The starter, Mr P R Lamb, attended the hearing and said that he had blown the whistle and called the field up but, he conceded, it was possible that some of the drivers may not have heard either. Mr DeFilippi put it to him, and Mr Lamb accepted, that two drivers had told him earlier in the day that the mobile arm was moving too slowly. However, Mr Lamb said, the speed of the mobile gate had not been any faster in this race than was normal. He said it was a field of 3-year-old trotters. He agreed with the suggestion that the start was “a mess” but he did not consider that calling a false start was warranted. He further agreed that the second row horses were all well off the gate, further back than usual, in the score-up and at dispatch point. Mr DeFilippi was not in the correct position initially, being in 2 and not 3 on the second row but was when the start was declared, albeit some distance behind the gate, Mr Lamb said.
reasonsfordecision:
This was a mobile start race over one mile for 3-year-old trotters. There were thirteen starters, with nine to start from the front row and four from the second row. NEEDLE, driven by Mr DeFilippi, had drawn barrier position 3 on the second row, with Mr Orange, driving HABIBI INTA, having drawn barrier position 2 inside of Mr DeFilippi. Mr Dunn, who gave evidence to the hearing, driving MUSCLES GALORE, drew barrier position 4 on the second row.
The video evidence showed quite graphically that the start to the race was most unsatisfactory. It was variously described as a “bloody shambles’ and “a mess”. The Committee agrees. Mr DeFilippi gave evidence that he did not hear the whistle or a call-up from the starter prior to the mobile gate getting into motion. He said that, when he realised the gate was under way, he was quite some distance behind and struggling to catch it as it appeared to travelling faster than normal. Mr Dunn, in his evidence, confirmed both of those matters – that no whistle or call-up was heard by him and that the gate was travelling fast. We accept the evidence of Messrs DeFilippi and Dunn.
Mr DeFilippi admitted that he had “cut the corner” in an attempt to get closer to the gate and in doing so he moved down into barrier position two. However, he submitted, Mr Orange was well out of his correct position at the time, through no fault on Mr DeFilippi’s part and, furthermore, Mr Orange was not inconvenienced by this, he said. It was accepted by all that Mr DeFilippi was in his correct barrier position of three on the second row when the start was declared. Mr Orange may not have been close up in barrier two but this can be explained by the general untidiness of the start as a result of the factors that we have referred to.
The Committee observed that there appeared to be at least five of the thirteen runners out of position at the start. At the actual start point, Mr DeFilippi was in his correct barrier position of 3.
The Committee was satisfied that, in all of the circumstances which have been outlined, Mr DeFilippi was justified in attempting to take reasonable steps to put his runner in the best possible position at the start despite the disadvantageous position it had been placed in, along with the other second row runners. It should be borne in mind that the race was a Group 1 race for a stake of $100,000. We believe that “reasonable steps” includes briefly shifting in on the bend to save ground, which we find Mr DeFilippi was able to do without hampering Mr Orange, who was still well out of position at that point. We are not satisfied that Mr DeFilippi had “come to the starting gate out of position” as prohibited by the Rule.
Decision:
The charge was dismissed.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Hearing
Rules: 857(7)(d)
Informant: N M Ydgren, Chief Stipendiary Steward
JockeysandTrainer: C J DeFilippi, Licensed Open Horseman
Otherperson: Mr J R Dunn, Licensed Open Horseman, Mr P R Lamb, Starter
PersonPresent:
Respondent:
StipendSteward:
raceid: 6710ecda7ff3bb6ae30d45ca7c8e4cbb
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race_title: R5
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meetdate: 03/06/2017
meet_title: Ashburton TC - 3 June 2017
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