NZ Metro TC 4 February 2012 – R 4
ID: JCA16223
Meet Title:
NZ Metro TC - 4 February 2012
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JPhelan
Race Date:
2012/02/04
Race Number:
R4
Decision:
The charge was found proved.
Penalty:
Mr De Filippi was fined the sum of $600.
Charge:
Driving in a manner causing interference.
Facts:
Following the running of Race 4, PGG Wrightson NZ Yearling Sales No. 20 3yo Fillies Championship, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr C J De Filippi, alleging a breach of Rule 869 (4) in that “by failing to take sufficient action to correct ELUSIVE CHICK Mr De Filippi drove in a manner which caused interference to DANCING DIAMONDS (B N Orange)”.
Mr De Filippi was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Submissions for Decision:
Mr McIntyre said that it was the Stewards’ allegation that Mr De Filippi did not take sufficient action to correct his horse in the run home. It was clear that he had been using his whip on the outside, but the horse continued to shift up the track while he was doing so. He did not go back to the reins at any stage to attempt to straighten the horse, but rather continued to drive the horse out. Mr McIntyre referred to the video replays in support of his submission.
He submitted that interference had been caused to DANCING DIAMONDS. A reasonable person viewing the race would have expected, when a horse was drifting up the track, and had been for a period of time, that the driver would take some corrective action by straightening the horse, Mr McIntyre submitted. He acknowledged that a horseman will use his whip on occasions in attempting to straighten his horse. However, ELUSIVE CHICK had been drifting out for some considerable period of time and continued to do so under Mr De Filippi’s hard drive. He submitted that it was clear from the replay that Mr De Filippi had taken no corrective action.
Mr De Filippi showed the side-on video replay. He said that “half way round the bend” the mare drifted out. She ran out 3-4 carts, he said. He submitted that when he stopped hitting her was when she ran out the most. He submitted that he was steering the horse all of the way down the straight – he had both reins in one hand and a horse can be steered that way, he said. Pulling on the left rein was not going to make her run any straighter, he said. When he resumed hitting the horse with the whip, that was when she straightened up. He said that the head-on view showed him pulling her head round and she was not responding. For that reason, he decided that the best option was to keep hitting her. He submitted that she had only run out half a cart in the last 100 metres.
He said that there was no merit in the charge, as he had done all that could be expected of him. He had kept hitting her with the whip for a reason.
The filly wore a rein pricker on the near side because she brushed her near knee and the trainer was trying to make her run away from that. However, she had “overreacted”, Mr De Filippi said.
Mr McIntyre said that his concern was that, from the top of the straight, Mr De Filippi had driven with his reins in one hand and this had not worked for 150 metres and he had not gone back to straighten. He had not attempted to go back to two hands on the reins.
Reasons for Decision:
The Committee listened carefully to the evidence and submissions of both parties and carefully viewed the video replays of the relevant part of the race.
Mr McIntyre, with the assistance of video replays, alleged that ELUSIVE CHICK, driven by Mr De Filippi, continued to shift out in the final stages of the race while Mr De Filippi was driving it with the reins in his left hand and using the whip in his right hand. Mr McIntyre said that Mr De Filippi could have been expected to take some corrective action but, he said, it was clear that Mr De Filippi had taken no such corrective action.
Mr De Filippi said that he did not agree at all. His submission was that the horse shifted out more when he was not driving it with the whip than when he was driving it with the whip. We accept that, in the initial stages of the run home, ELUSIVE CHICK was shifting out and at that stage Mr De Filippi was using his whip only minimally. In the final 100 metres or so, with Mr De Filippi using his whip, and he has admitted a charge of using his whip excessively, we are satisfied that the horse continued to drift out, and more than the half a cart submitted by Mr De Filippi, and, as we earlier found, caused interference to DANCING DIAMONDS.
Mr De Filippi’s explanation was, essentially, that the best chance of keeping his horse straight was to use the whip in his right hand while steering it with the reins in his left hand. He said that he did not know what more he could have done.
The Committee is not satisfied that Mr De Filippi’s efforts were sufficient and we find that he could have and should have done more by way of taking corrective action.
We do not accept Mr De Filippi’s explanation. It is not acceptable, in this Committee’s view, to continue to drive a horse out using the whip in one hand and the reins in the other while that horse is shifting out and, in the process, causing interference to another runner. A horseman’s obligation is to take all reasonable measures which, in this case, would have required him, at least, to stop driving the horse with the whip and place both hands back on the reins.
We, therefore, find the charge of driving in a manner causing interference to be proved.
Submissions for Penalty:
Mr McIntyre said that Mr De Filippi’s record was clean as far as breaches of the Rule were concerned. In the current season to date, Mr De Filippi has had 192 drives and in the 21010/2011 season he had 441 drives.
Mr McIntyre referred to the status of the race – a Listed Race for a stake of $200,000. He also pointed out that Mr De Filippi’s horse had been relegated. The Penalty Guide recommended a starting point for a breach of the Rule in “major race”, which this was, as 15 drives or a fine of $750.
Finally, Mr McIntyre submitted that, taking into account Mr De Filippi’s good record, a fine of around $600 was appropriate.
Mr De Filippi expressed surprise that the charge had been found proved. He submitted that he had been penalised enough in losing the race.
Reasons for Penalty:
The Committee records that Mr De Filippi had indicated, prior to the Committee’s adjourning to consider penalty, that he would not be present at the resumption of the penalty hearing. The penalty decision was delivered in his absence.
The Committee took into account, in arriving at penalty, certain mitigating and aggravating factors. The sole mitigating factor was Mr De Filippi’s previous record, which the Committee accepted was an excellent one. While not penalising Mr De Filippi for defending the charge, the Committee was not able to give him any discount of penalty for a guilty plea.
The aggravating factors were, as pointed out by Mr McIntyre, firstly, the status of the race and the stake payable and, secondly, the fact that Mr De Filippi’s actions resulted in the relegation of ELUSIVE CHICK, which was first past the post, with consequential effects on the connections of the horse and punters who had supported the horse. The Committee also noted that Mr De Filippi appeared to show no contrition.
On a scale of seriousness, in the Committee’s view, the breach was at the higher end.
So, taking the starting point of $750 as per the Penalty Guide, and weighing up the mitigating and aggravating factors the Committee decided that the appropriate penalty was a fine of $600.
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: cb94402c797bf43830bb2defe9ac7b30
informantnumber: A1046
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 02/02/2012
hearing_title: NZ Metro TC 4 February 2012 - R 4
charge:
Driving in a manner causing interference.
facts:
Following the running of Race 4, PGG Wrightson NZ Yearling Sales No. 20 3yo Fillies Championship, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Open Horseman, Mr C J De Filippi, alleging a breach of Rule 869 (4) in that “by failing to take sufficient action to correct ELUSIVE CHICK Mr De Filippi drove in a manner which caused interference to DANCING DIAMONDS (B N Orange)”.
Mr De Filippi was present at the hearing of the information and he indicated that he did not admit the breach.
Rule 869 provides as follows:
(4) No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre said that it was the Stewards’ allegation that Mr De Filippi did not take sufficient action to correct his horse in the run home. It was clear that he had been using his whip on the outside, but the horse continued to shift up the track while he was doing so. He did not go back to the reins at any stage to attempt to straighten the horse, but rather continued to drive the horse out. Mr McIntyre referred to the video replays in support of his submission.
He submitted that interference had been caused to DANCING DIAMONDS. A reasonable person viewing the race would have expected, when a horse was drifting up the track, and had been for a period of time, that the driver would take some corrective action by straightening the horse, Mr McIntyre submitted. He acknowledged that a horseman will use his whip on occasions in attempting to straighten his horse. However, ELUSIVE CHICK had been drifting out for some considerable period of time and continued to do so under Mr De Filippi’s hard drive. He submitted that it was clear from the replay that Mr De Filippi had taken no corrective action.
Mr De Filippi showed the side-on video replay. He said that “half way round the bend” the mare drifted out. She ran out 3-4 carts, he said. He submitted that when he stopped hitting her was when she ran out the most. He submitted that he was steering the horse all of the way down the straight – he had both reins in one hand and a horse can be steered that way, he said. Pulling on the left rein was not going to make her run any straighter, he said. When he resumed hitting the horse with the whip, that was when she straightened up. He said that the head-on view showed him pulling her head round and she was not responding. For that reason, he decided that the best option was to keep hitting her. He submitted that she had only run out half a cart in the last 100 metres.
He said that there was no merit in the charge, as he had done all that could be expected of him. He had kept hitting her with the whip for a reason.
The filly wore a rein pricker on the near side because she brushed her near knee and the trainer was trying to make her run away from that. However, she had “overreacted”, Mr De Filippi said.
Mr McIntyre said that his concern was that, from the top of the straight, Mr De Filippi had driven with his reins in one hand and this had not worked for 150 metres and he had not gone back to straighten. He had not attempted to go back to two hands on the reins.
reasonsfordecision:
The Committee listened carefully to the evidence and submissions of both parties and carefully viewed the video replays of the relevant part of the race.
Mr McIntyre, with the assistance of video replays, alleged that ELUSIVE CHICK, driven by Mr De Filippi, continued to shift out in the final stages of the race while Mr De Filippi was driving it with the reins in his left hand and using the whip in his right hand. Mr McIntyre said that Mr De Filippi could have been expected to take some corrective action but, he said, it was clear that Mr De Filippi had taken no such corrective action.
Mr De Filippi said that he did not agree at all. His submission was that the horse shifted out more when he was not driving it with the whip than when he was driving it with the whip. We accept that, in the initial stages of the run home, ELUSIVE CHICK was shifting out and at that stage Mr De Filippi was using his whip only minimally. In the final 100 metres or so, with Mr De Filippi using his whip, and he has admitted a charge of using his whip excessively, we are satisfied that the horse continued to drift out, and more than the half a cart submitted by Mr De Filippi, and, as we earlier found, caused interference to DANCING DIAMONDS.
Mr De Filippi’s explanation was, essentially, that the best chance of keeping his horse straight was to use the whip in his right hand while steering it with the reins in his left hand. He said that he did not know what more he could have done.
The Committee is not satisfied that Mr De Filippi’s efforts were sufficient and we find that he could have and should have done more by way of taking corrective action.
We do not accept Mr De Filippi’s explanation. It is not acceptable, in this Committee’s view, to continue to drive a horse out using the whip in one hand and the reins in the other while that horse is shifting out and, in the process, causing interference to another runner. A horseman’s obligation is to take all reasonable measures which, in this case, would have required him, at least, to stop driving the horse with the whip and place both hands back on the reins.
We, therefore, find the charge of driving in a manner causing interference to be proved.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr McIntyre said that Mr De Filippi’s record was clean as far as breaches of the Rule were concerned. In the current season to date, Mr De Filippi has had 192 drives and in the 21010/2011 season he had 441 drives.
Mr McIntyre referred to the status of the race – a Listed Race for a stake of $200,000. He also pointed out that Mr De Filippi’s horse had been relegated. The Penalty Guide recommended a starting point for a breach of the Rule in “major race”, which this was, as 15 drives or a fine of $750.
Finally, Mr McIntyre submitted that, taking into account Mr De Filippi’s good record, a fine of around $600 was appropriate.
Mr De Filippi expressed surprise that the charge had been found proved. He submitted that he had been penalised enough in losing the race.
reasonsforpenalty:
The Committee records that Mr De Filippi had indicated, prior to the Committee’s adjourning to consider penalty, that he would not be present at the resumption of the penalty hearing. The penalty decision was delivered in his absence.
The Committee took into account, in arriving at penalty, certain mitigating and aggravating factors. The sole mitigating factor was Mr De Filippi’s previous record, which the Committee accepted was an excellent one. While not penalising Mr De Filippi for defending the charge, the Committee was not able to give him any discount of penalty for a guilty plea.
The aggravating factors were, as pointed out by Mr McIntyre, firstly, the status of the race and the stake payable and, secondly, the fact that Mr De Filippi’s actions resulted in the relegation of ELUSIVE CHICK, which was first past the post, with consequential effects on the connections of the horse and punters who had supported the horse. The Committee also noted that Mr De Filippi appeared to show no contrition.
On a scale of seriousness, in the Committee’s view, the breach was at the higher end.
So, taking the starting point of $750 as per the Penalty Guide, and weighing up the mitigating and aggravating factors the Committee decided that the appropriate penalty was a fine of $600.
penalty:
Mr De Filippi was fined the sum of $600.
hearing_type: Hearing
Rules: 869(4)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr C J De Filippi - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7c1c4df2ea2476e05fbe8ef5828248d0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 894a35495bb41da3dfde22bba2fe4802
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/02/2012
meet_title: NZ Metro TC - 4 February 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JPhelan
meet_pm2: none
name: NZ Metro TC