NZ Metro TC 3 August 2018 – R 10 – Chair, Mr S Ching
ID: JCA12871
Meet Title:
NZ Metro TC - 3 August 2018
Meet Chair:
SChing
Meet Committee Member 1:
HWeston
Race Date:
2018/08/03
Race Number:
R10
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 suspended from the conclusion of racing today, 3 August, up to and including 23 August 2018. Meetings that encompass this suspension are Rangiora on 12 August, Addington on 17 August, Oamaru on 19 August and Addington on 23 August 2018.
Facts:
Following the running of Race 10, the Cup Day-Avon City Ford Boot Party on Sale Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr C DeFilippi, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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 DeFilippi had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Ydgren.
Mr Ydgren gave evidence and showed video replays of the final 400m. He pointed out Mr DeFilippi, driving NUCLEUS VC, improving into a 4 wide position and in contention as the field turned for home. Mr Ydgren showed Mr DeFilippi draw the whip and use it on 11 occasions over the concluding stages which was in breach of the Whip Guideline Regulation (b). Mr Ydgren stated that Mr DeFilippi did not dispute the number of strikes.
Submissions for Penalty:
Mr Ydgren stated that Mr DeFilippi’s record showed 2 previous breaches of this rule within the last six-months being a 3-day suspension at Cambridge on 2 June at the Harness Jewels and a 3-day suspension at Addington on 29 June 2018. He stated that the JCA Penalty Guide provided a starting point of a 3-day suspension for a second of consequent breach of this rule within a 6-month period. Mr Ydgren submitted that with Mr DeFilippi’s poor record a 4-day suspension be considered as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension, mitigation inclusive, for a 2nd or subsequent breach of this rule. This Committee determined that Mr DeFilippi’s record was an aggravating factor and warranted an uplift in penalty. This uplift we set at 1 day. We therefore determined that a 4-day suspension was an appropriate penalty in this case.
Deferment was not discussed as there were no relevant meetings over the next 7 days.
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: 631b5c479dedbd8aa593b87d5d440d11
informantnumber: A09978
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/08/2018
hearing_title: NZ Metro TC 3 August 2018 - R 10 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 10, the Cup Day-Avon City Ford Boot Party on Sale Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr C DeFilippi, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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 DeFilippi had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Ydgren.
Mr Ydgren gave evidence and showed video replays of the final 400m. He pointed out Mr DeFilippi, driving NUCLEUS VC, improving into a 4 wide position and in contention as the field turned for home. Mr Ydgren showed Mr DeFilippi draw the whip and use it on 11 occasions over the concluding stages which was in breach of the Whip Guideline Regulation (b). Mr Ydgren stated that Mr DeFilippi did not dispute the number of strikes.
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 Ydgren stated that Mr DeFilippi’s record showed 2 previous breaches of this rule within the last six-months being a 3-day suspension at Cambridge on 2 June at the Harness Jewels and a 3-day suspension at Addington on 29 June 2018. He stated that the JCA Penalty Guide provided a starting point of a 3-day suspension for a second of consequent breach of this rule within a 6-month period. Mr Ydgren submitted that with Mr DeFilippi’s poor record a 4-day suspension be considered as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a 3-day suspension, mitigation inclusive, for a 2nd or subsequent breach of this rule. This Committee determined that Mr DeFilippi’s record was an aggravating factor and warranted an uplift in penalty. This uplift we set at 1 day. We therefore determined that a 4-day suspension was an appropriate penalty in this case.
Deferment was not discussed as there were no relevant meetings over the next 7 days.
penalty:
Accordingly, Mr DeFilippi was suspended from the conclusion of racing today, 3 August, up to and including 23 August 2018. Meetings that encompass this suspension are Rangiora on 12 August, Addington on 17 August, Oamaru on 19 August and Addington on 23 August 2018.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: N Ydgren- Chief Stipendiary Steward
JockeysandTrainer: C DeFilippi-Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c03e7314747f07a722b9e6f73bb3d476
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 96ea651ac948f30860e85509521f6238
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/08/2018
meet_title: NZ Metro TC - 3 August 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: HWeston
meet_pm2: none
name: NZ Metro TC