NZ Metro TC 5 May 2017 – R 1 – Chair, Mr D Jackson
ID: JCA12549
Meet Title:
NZ Metro TC - 5 May 2017
Meet Chair:
DJackson
Meet Committee Member 1:
RMcKenzie
Race Date:
2017/05/05
Race Number:
R 1
Decision:
In light of Mr DeFilippi’s admission of the charge and the clear video evidence of excessive use of the whip, the breach was found proved.
Penalty:
Mr DeFilippi is suspended for two days for excessive use of the whip from the conclusion of racing on Sunday 7th May through until the conclusion of 14 May 2017.
This suspension covers racing on the following dates:
New Zealand Metropolitan Trotting Club’s 12 May 2017
Timaru Harness Racing Club’s meeting at Washdyke 14 May 2017
Facts:
Following the running of Race 1, the Christchurch Casino (Fillies and Mares) Mobile Trot, an information was laid by Stipendiary Steward Mr S. Wallis against Mr DeFilippi, alleging a breach of Rule 869(2)(A), in that Mr DeFilippi used his whip in an excessive manner when driving Natives Lasting Love over the concluding 400 metres.
Rule 869(2)(A) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.
Mr DeFilippi admitted the charge in writing and attended the hearing where he admitted the charge to the Committee.
Through video evidence Mr Wallis showed Mr DeFilippi strike Natives Lasting Love with the whip 11, possibly 12, times during its run down the home straight to the finish. The parties agreed that there were 11 strikes in total and the Committee will proceed on that basis.
Submissions for Penalty:
Mr Wallis pointed to Mr DeFilippi’s record and in particular, as an aggravating factor, that this is Mr DeFilippi’s second breach of the rule in recent times. Mr DeFilippi was fined $300.00 for excessive use of the whip at the Banks Peninsula Trotting Club meeting on 26th March 2017. Mr Wallis pointed out that the JCA guidelines recommended a three to five day suspension for a second breach. Mr Wallis pointed out that Mr DeFilippi is a senior and busy driver having had 341 race drives last season and 282 drives this season. Mr Wallis submitted that a three day starting point was appropriate, which ought to be discounted to two days for Mr DeFilippi’s admission and having regard to both the low number of impermissible strikes (one strike over the permitted use guidelines), and the number of upcoming premier race day meetings at Addington which Mr DeFilippi would likely be engaged to drive at. Mr DeFilippi agreed that a two day suspension was fair in the circumstances and did not seek a deferment.
Reasons for Penalty:
After hearing the submissions of Mr Wallis and taking into account Mr DeFilippi’s admission and his agreement to the suspension proposed, it is determined that he be suspended for two days. The Committee has taken into account the number of premier meetings in the next two to three weeks at Addington and balancing that against the nature of the breach here (namely one strike over and above the permitted use guidelines) and otherwise having regard to Mr DeFilippi’s attendance at the hearing which was appreciated and his candour, that he be suspended as proposed.
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: 369db40cb501a5aecf78a61993ef8519
informantnumber: A9014
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 09/05/2017
hearing_title: NZ Metro TC 5 May 2017 - R 1 - Chair, Mr D Jackson
charge:
facts:
Following the running of Race 1, the Christchurch Casino (Fillies and Mares) Mobile Trot, an information was laid by Stipendiary Steward Mr S. Wallis against Mr DeFilippi, alleging a breach of Rule 869(2)(A), in that Mr DeFilippi used his whip in an excessive manner when driving Natives Lasting Love over the concluding 400 metres.
Rule 869(2)(A) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.
Mr DeFilippi admitted the charge in writing and attended the hearing where he admitted the charge to the Committee.
Through video evidence Mr Wallis showed Mr DeFilippi strike Natives Lasting Love with the whip 11, possibly 12, times during its run down the home straight to the finish. The parties agreed that there were 11 strikes in total and the Committee will proceed on that basis.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
In light of Mr DeFilippi’s admission of the charge and the clear video evidence of excessive use of the whip, the breach was found proved.
sumissionsforpenalty:
Mr Wallis pointed to Mr DeFilippi’s record and in particular, as an aggravating factor, that this is Mr DeFilippi’s second breach of the rule in recent times. Mr DeFilippi was fined $300.00 for excessive use of the whip at the Banks Peninsula Trotting Club meeting on 26th March 2017. Mr Wallis pointed out that the JCA guidelines recommended a three to five day suspension for a second breach. Mr Wallis pointed out that Mr DeFilippi is a senior and busy driver having had 341 race drives last season and 282 drives this season. Mr Wallis submitted that a three day starting point was appropriate, which ought to be discounted to two days for Mr DeFilippi’s admission and having regard to both the low number of impermissible strikes (one strike over the permitted use guidelines), and the number of upcoming premier race day meetings at Addington which Mr DeFilippi would likely be engaged to drive at. Mr DeFilippi agreed that a two day suspension was fair in the circumstances and did not seek a deferment.
reasonsforpenalty:
After hearing the submissions of Mr Wallis and taking into account Mr DeFilippi’s admission and his agreement to the suspension proposed, it is determined that he be suspended for two days. The Committee has taken into account the number of premier meetings in the next two to three weeks at Addington and balancing that against the nature of the breach here (namely one strike over and above the permitted use guidelines) and otherwise having regard to Mr DeFilippi’s attendance at the hearing which was appreciated and his candour, that he be suspended as proposed.
penalty:
Mr DeFilippi is suspended for two days for excessive use of the whip from the conclusion of racing on Sunday 7th May through until the conclusion of 14 May 2017.
This suspension covers racing on the following dates:
New Zealand Metropolitan Trotting Club’s 12 May 2017
Timaru Harness Racing Club’s meeting at Washdyke 14 May 2017
hearing_type: Hearing
Rules: 869(2)(A)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr C DeFilippi - Licensed Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3eb1573951b16899717c6d6a42b2fd87
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e2a9c39feba939104ce5de19d9715f86
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/05/2017
meet_title: NZ Metro TC - 5 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC