NZ Metro TC 4 February 2012 – R 4
ID: JCA10965
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:
Mr De Filippi having admitted the breach, the charge was found proved.
Penalty:
Mr De Filippi was fined the sum of $250.
Charge:
Excessive use of the whip
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 (2) (a) in that he “used his whip in the run home in a manner which the Stewards deemed to be excessive”.
Mr De Filippi was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr McIntyre said that it was the Stewards contention that Mr De Filippi had used his whip excessively, approximately 20 times in the run home. He said that, fortunately for Mr De Filippi, the whip use was “broken up” in the early stages of the run home. However, it was continuous late which brought the number up to 20. Inside the final 50 metres his use of the whip was continuous when he was driving his horse right out to the line.
Mr De Filippi accepted that he had used his whip on 20 occasions as alleged by Mr McIntyre. He declined the opportunity to make any statement in relation to his use of the whip.
Submissions for Penalty:
Mr McIntyre said that Mr De Filippi’s driving record was unblemished. This season to date he has had 192 drives. Mr McIntyre pointed out that the race was a Listed Race for a stake of $200,000.
He submitted that a fine of $300 was appropriate in the circumstances.
Mr De Filippi asked the Committee to take his good record into account. He pointed out that it was a $200,000 race, which the Committee took to mean that he felt this justified his using the whip in the manner that he did and was a mitigating factor rather than an aggravating one.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr De Filippi’s admission of the breach and his excellent driving record. Those factors tended to offset the aggravating factor – the status of the race and the stake payable.
The Penalty Guide recommends a starting point of $300 and Mr McIntyre submitted that this was an appropriate penalty.
Having regard to the mitigating factors referred to, the Committee was of the view that a fine of $250 was appropriate.
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: 095cd2838008bfcc39bf904f8f2f299d
informantnumber: A1045
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 02/02/2012
hearing_title: NZ Metro TC 4 February 2012 - R 4
charge:
Excessive use of the whip
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 (2) (a) in that he “used his whip in the run home in a manner which the Stewards deemed to be excessive”.
Mr De Filippi was present at the hearing of the information and he indicated that he admitted the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre said that it was the Stewards contention that Mr De Filippi had used his whip excessively, approximately 20 times in the run home. He said that, fortunately for Mr De Filippi, the whip use was “broken up” in the early stages of the run home. However, it was continuous late which brought the number up to 20. Inside the final 50 metres his use of the whip was continuous when he was driving his horse right out to the line.
Mr De Filippi accepted that he had used his whip on 20 occasions as alleged by Mr McIntyre. He declined the opportunity to make any statement in relation to his use of the whip.
reasonsfordecision:
Decision:
Mr De Filippi having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McIntyre said that Mr De Filippi’s driving record was unblemished. This season to date he has had 192 drives. Mr McIntyre pointed out that the race was a Listed Race for a stake of $200,000.
He submitted that a fine of $300 was appropriate in the circumstances.
Mr De Filippi asked the Committee to take his good record into account. He pointed out that it was a $200,000 race, which the Committee took to mean that he felt this justified his using the whip in the manner that he did and was a mitigating factor rather than an aggravating one.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr De Filippi’s admission of the breach and his excellent driving record. Those factors tended to offset the aggravating factor – the status of the race and the stake payable.
The Penalty Guide recommends a starting point of $300 and Mr McIntyre submitted that this was an appropriate penalty.
Having regard to the mitigating factors referred to, the Committee was of the view that a fine of $250 was appropriate.
penalty:
Mr De Filippi was fined the sum of $250.
hearing_type: Hearing
Rules: 869(2)(a)
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