Archive Decision

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NZ Metro TC 14 November 2017 – R 5 – Chair, Prof G Hall

ID: JCA15520

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr C DeFilippi - Driver

Information Number:
A5544

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
NZ Metro TC - 14 November 2017

Meet Chair:
GHall

Meet Committee Member 1:
RMcKenzie

Race Date:
2017/11/14

Race Number:
R 5

Decision:

Mr DeFilippi admitted the breach and thus the breach is found proved.

Penalty:

Mr DeFilippi is suspended from the end of racing on 17 November 2017 up to and including 2 December. This is 3 days — Banks Peninsula 26 November, Addington 1 December and Oamaru 2 December.

Facts:

Mr Ydgren alleged that Mr DeFilippi used his whip excessively in race 5 the RNP HOMES LTD MOBILE PACE.

Rule 869 provides as follows:

(2) No horseman shall during any race:

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr DeFilippi indicated on the information that he admitted the breach and did not wish to be present.

Mr Ydgren demonstrated on the videos that the respondent was racing 3 back on the inner. In the last 250 metres there were 12 strikes to his horse SANS LE SOU. Mr Ydgren said the respondent accepted the count and had offered no explanation.

Submissions for Penalty:

Mr Ydgren produced Mr DeFilippi’s record, which evidenced breaches of this rule on 26 March and 28 May last.

Reasons for Penalty:

We agree that there are 12 strikes free of the rein.

Mr DeFilippi's most recent breach of this rule was on 28 May last. This is within the 6 month reset period and thus the starting point is a 3 to 5 day suspension.

The number of strikes is just above the threshold. A penalty at the lower end of the range is thus appropriate.

We take a 3-day starting point and make no alteration to this. Mr DeFilippi has requested a deferment until after Showday.

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: acf19cc32b091cc71ada6a1e73e4edc6


informantnumber: A5544


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 17/11/2017


hearing_title: NZ Metro TC 14 November 2017 - R 5 - Chair, Prof G Hall


charge:


facts:

Mr Ydgren alleged that Mr DeFilippi used his whip excessively in race 5 the RNP HOMES LTD MOBILE PACE.

Rule 869 provides as follows:

(2) No horseman shall during any race:

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr DeFilippi indicated on the information that he admitted the breach and did not wish to be present.

Mr Ydgren demonstrated on the videos that the respondent was racing 3 back on the inner. In the last 250 metres there were 12 strikes to his horse SANS LE SOU. Mr Ydgren said the respondent accepted the count and had offered no explanation.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr DeFilippi admitted the breach and thus the breach is found proved.


sumissionsforpenalty:

Mr Ydgren produced Mr DeFilippi’s record, which evidenced breaches of this rule on 26 March and 28 May last.


reasonsforpenalty:

We agree that there are 12 strikes free of the rein.

Mr DeFilippi's most recent breach of this rule was on 28 May last. This is within the 6 month reset period and thus the starting point is a 3 to 5 day suspension.

The number of strikes is just above the threshold. A penalty at the lower end of the range is thus appropriate.

We take a 3-day starting point and make no alteration to this. Mr DeFilippi has requested a deferment until after Showday.


penalty:

Mr DeFilippi is suspended from the end of racing on 17 November 2017 up to and including 2 December. This is 3 days — Banks Peninsula 26 November, Addington 1 December and Oamaru 2 December.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr C DeFilippi - Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f38b0c37e288eb69bf7a23745deaea5d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4ad17e19b3cd8c824607559095f07003


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/11/2017


meet_title: NZ Metro TC - 14 November 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: RMcKenzie


meet_pm2: none


name: NZ Metro TC