NZ Metro TC 29 June 2018 – R 6 – Chair, Mr R McKenzie
ID: JCA12844
Meet Title:
NZ Metro TC - 29 June 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2018/06/29
Race Number:
R6
Decision:
Mr DeFilippi having admitted the breach, the charge was found proved.
Penalty:
Mr DeFilippi’s request for a deferment was granted. His Open Horseman’s Licence is suspended from after the close of racing on 5th July next up to and including 15th July – 3 days. The meetings intended to be encompassed by the period of suspension are Rangiora on 8th July, Addington on 13th July and Ashburton on 15th July. The meetings of Forbury Park TC on 6th and 12th July have not been included in the suspension period as Mr DeFilippi does not drive there.
Facts:
Following the running of Race 6, Mike Pero Fendalton Supports Wish4Fish + Chalky Carr Trust Mobile Trot, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Driver, Mr C J DeFilippi, alleging that, as the driver of TESSA’S ROCKET in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr DeFilippi had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and confirmed that the breach was admitted.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Quirk showed video replays of the final 400 metres of the race. He pointed out TESSA’S ROCKET, driven by Mr DeFilippi, racing in last position as the field approached the home turn. Mr Quirk alleged that, from that point, Mr DeFilippi used his whip 12 times inside the final 400 metres.
Mr DeFilippi accepted the number of strikes as alleged by Mr Quirk. He did not wish to comment further.
Submissions for Penalty:
Mr Quirk said that Stewards regarded the breach as being low-end. Unfortunately for Mr DeFilippi, he has had only seven drives since breaching the Rule at the Harness Jewels meeting on 2nd June last. In view of that, Mr Quirk said, Stewards were seeking a suspension of 3-4 days.
Mr DeFilippi has had 259 drives in the current season to date and, prior to the breach at the Harness Jewels meeting, he had a clear record under the Rule, Mr Quirk said.
Mr DeFilippi told the Committee that he has horses trained by him that he intended to start at the meeting at Addington on 5th July and he sought a deferment of suspension to enable him to drive them. He does not intend driving at either of the upcoming Forbury Park meetings, he said.
Reasons for Penalty:
In arriving at penalty, the Committee had regard to the starting point for penalty for a second breach of the Rule within 6 months as contained in the Penalty Guide – that is to say, a 3-day suspension. There were no aggravating factors. The number of strikes was not high and there were a number of pauses in Mr DeFilippi’s whip use.
Mr DeFilippi admitted the breach, but that is not a factor which warrants any reduction from the starting point of a 3-day suspension.
JCA Decision Fields (raw)
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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: 5f7717bb9fe9f6900e70afc72cb3c7ef
informantnumber: A10851
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 03/07/2018
hearing_title: NZ Metro TC 29 June 2018 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Mike Pero Fendalton Supports Wish4Fish + Chalky Carr Trust Mobile Trot, an information was filed by Stipendiary Steward, Mr R A Quirk, against Licensed Open Driver, Mr C J DeFilippi, alleging that, as the driver of TESSA’S ROCKET in the race, he “used his whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations”.
Mr DeFilippi had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and confirmed that the breach was admitted.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of Whip Regulations (effective from 30 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Quirk showed video replays of the final 400 metres of the race. He pointed out TESSA’S ROCKET, driven by Mr DeFilippi, racing in last position as the field approached the home turn. Mr Quirk alleged that, from that point, Mr DeFilippi used his whip 12 times inside the final 400 metres.
Mr DeFilippi accepted the number of strikes as alleged by Mr Quirk. He did not wish to comment further.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr DeFilippi having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Quirk said that Stewards regarded the breach as being low-end. Unfortunately for Mr DeFilippi, he has had only seven drives since breaching the Rule at the Harness Jewels meeting on 2nd June last. In view of that, Mr Quirk said, Stewards were seeking a suspension of 3-4 days.
Mr DeFilippi has had 259 drives in the current season to date and, prior to the breach at the Harness Jewels meeting, he had a clear record under the Rule, Mr Quirk said.
Mr DeFilippi told the Committee that he has horses trained by him that he intended to start at the meeting at Addington on 5th July and he sought a deferment of suspension to enable him to drive them. He does not intend driving at either of the upcoming Forbury Park meetings, he said.
reasonsforpenalty:
In arriving at penalty, the Committee had regard to the starting point for penalty for a second breach of the Rule within 6 months as contained in the Penalty Guide – that is to say, a 3-day suspension. There were no aggravating factors. The number of strikes was not high and there were a number of pauses in Mr DeFilippi’s whip use.
Mr DeFilippi admitted the breach, but that is not a factor which warrants any reduction from the starting point of a 3-day suspension.
penalty:
Mr DeFilippi’s request for a deferment was granted. His Open Horseman’s Licence is suspended from after the close of racing on 5th July next up to and including 15th July – 3 days. The meetings intended to be encompassed by the period of suspension are Rangiora on 8th July, Addington on 13th July and Ashburton on 15th July. The meetings of Forbury Park TC on 6th and 12th July have not been included in the suspension period as Mr DeFilippi does not drive there.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: Mr R A Quirk - Stipendiary Steward
JockeysandTrainer: C J DeFilippi, Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 71aec184d25b9a7d2af64f08f19f0eee
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 45e79d501a1cf0636c71b59c1f1397e1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/06/2018
meet_title: NZ Metro TC - 29 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: NZ Metro TC