Banks Peninsula TC 26 March 2017 – R 3 – Chair, Mr S Ching
ID: JCA17285
Meet Title:
Banks Peninsula TC - 26 March 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/03/26
Race Number:
R3
Decision:
As Mr DeFilippi had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Mr DeFilippi was fined the sum of $300.
Facts:
Following the running of Race 3, the NZ Bloodstock Airfreight Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr C DeFilippi, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the final 400m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr DeFilippi had endorsed the Information that this breach of the Rules was admitted. Mr DeFilippi had also informed the Stewards that he did not want to be present at the hearing.
Mr Wallis gave evidence and showed video replays of the incident which showed Mr DeFilippi, driving ELLMERS HOOFING IT, who finished in 5th place, on the outside of the field, approaching the 400m. Mr Wallis pointed out Mr De Filippi, who drew the whip inside the 400m and used the whip free of the rein on 16 occasions over the concluding stages.
Submissions for Penalty:
Mr Wallis stated that Mr DeFilippi was a very busy driver having had 240 drives so far, this season with 341 drives last season. He also stated that Mr DeFilippi had a clear record in relation to this rule over the previous 12 months. He also stated that Mr DeFilippi had admitted the breach at the first opportunity and in conjunction with his good record, submitted that a fine of $300 be considered as penalty.
Reasons for Penalty:
In determining penalty we adopted the JCA Penalty Guide recommendation of a $500 fine for a breach of this Rule, as a starting point. The Committee determined there were no aggravating factors in this case to warrant an uplift in penalty. We were however able to afford Mr DeFilippi a discount of $100 for his frank admission of the breach and a further discount of $100 for his clear record. We therefore determined that an appropriate penalty on this occasion was a fine of $300.
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: f436e034e8452a6627315312e8e51084
informantnumber: A9005
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(2)(a)-excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 27/03/2017
hearing_title: Banks Peninsula TC 26 March 2017 - R 3 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 3, the NZ Bloodstock Airfreight Pace, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr C DeFilippi, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the final 400m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
Mr DeFilippi had endorsed the Information that this breach of the Rules was admitted. Mr DeFilippi had also informed the Stewards that he did not want to be present at the hearing.
Mr Wallis gave evidence and showed video replays of the incident which showed Mr DeFilippi, driving ELLMERS HOOFING IT, who finished in 5th place, on the outside of the field, approaching the 400m. Mr Wallis pointed out Mr De Filippi, who drew the whip inside the 400m and used the whip free of the rein on 16 occasions over the concluding stages.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr DeFilippi had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Wallis stated that Mr DeFilippi was a very busy driver having had 240 drives so far, this season with 341 drives last season. He also stated that Mr DeFilippi had a clear record in relation to this rule over the previous 12 months. He also stated that Mr DeFilippi had admitted the breach at the first opportunity and in conjunction with his good record, submitted that a fine of $300 be considered as penalty.
reasonsforpenalty:
In determining penalty we adopted the JCA Penalty Guide recommendation of a $500 fine for a breach of this Rule, as a starting point. The Committee determined there were no aggravating factors in this case to warrant an uplift in penalty. We were however able to afford Mr DeFilippi a discount of $100 for his frank admission of the breach and a further discount of $100 for his clear record. We therefore determined that an appropriate penalty on this occasion was a fine of $300.
penalty:
Accordingly, Mr DeFilippi was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis-Stipendiary Steward
JockeysandTrainer: C DeFilippi-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 39c43073eb3c6474bb88d56da975fb0e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 8fdd015924eacd2597ef36ecb3cfd8d8
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/03/2017
meet_title: Banks Peninsula TC - 26 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula TC