NZ Metropolitan TC 26 March 2021 – R 6 – Chair, Mr R McKenzie
ID: JCA17634
Meet Title:
NZ Metro TC - 26 March 2021
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2021/03/26
Race Number:
R6
Decision:
Mr DeFilippi having admitted the charge, the charge was found proved.
Penalty:
Mr DeFilippi’s Open Driver’s Licence is suspended from after the close of racing today, up to and including 11 April 2021 – 5 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 31 March and 3 April, Banks Peninsula TC on 5 April, NZ Metropolitan TC on 9 April 2021 and Methven TC on 11 April 2021.
Facts:
Following the running of Race 6, “What The Hill” NZ Trotting Oaks (Group 2) Mobile Trot, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr CJ DeFilippi, alleging that, as the driver of ALDEBARAN FLOSS in the race, he “used his whip with more than a wrist flicking motion in the home straight”.
Mr De Filippi had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. Mr DeFilippi asked, through the Stewards, that his attendance at the hearing be waived as he had another on-course commitment.
The Whip and Rein Regulations provide as follows:
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out ALDERBARAN FLOSS, driven by Mr DeFilippi, racing in 3rd position on the markers as the field entered the final straight. Mr DeFilippi’s whip action in the early stages of the run home was compliant, Mr Ydgren said. He then used the whip on a number of occasions (seven) in a manner that was not compliant, generating too much force with the elbow. They were the “old-fashioned strikes”, but with the hand on the reins, Mr Ydgren submitted. It was a “mid-level breach” under the Regulations, Mr Ydgren said. ALDEBARAN FLOSS had won the race.
Submissions for Penalty:
Mr Ydgren said that Mr DeFilippi does not have a good record. He received a 4-day suspension on 14 February last and, prior to that on 10 January (3 days) and fined $200 on 11 October 2020.
Stewards were submitting for a 5-day suspension on this occasion and Mr DeFilippi had requested that any suspension start immediately, Mr Ydgren said.
Reasons for Penalty:
The HRNZ Whip Penalty Guide (effective 1 October 2020) provides as follows:
Mid-level is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.
The Penalty Guide starting point for a breach in a Group 2 race is a 5-day suspension. In view of Mr DeFilippi’s bad record, an uplift to that starting point would be justified. However, the Committee is prepared to extend some leniency to Mr DeFilippi, for a 5-day suspension (including a Premier Race Night and another meeting with two Group races) for Mr DeFilippi is a harsh penalty and one which, the Committee believes, will adequately redress the particular breach.
However, Mr DeFilippi is on notice that any further breach in the near future may not attract similar leniency from a Judicial Committee.
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: fcf9e36ccaaead49afdf4cf157037c0b
informantnumber: A13308
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 01/04/2021
hearing_title: NZ Metropolitan TC 26 March 2021 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, “What The Hill” NZ Trotting Oaks (Group 2) Mobile Trot, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr CJ DeFilippi, alleging that, as the driver of ALDEBARAN FLOSS in the race, he “used his whip with more than a wrist flicking motion in the home straight”.
Mr De Filippi had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. Mr DeFilippi asked, through the Stewards, that his attendance at the hearing be waived as he had another on-course commitment.
The Whip and Rein Regulations provide as follows:
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purposes of Clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out ALDERBARAN FLOSS, driven by Mr DeFilippi, racing in 3rd position on the markers as the field entered the final straight. Mr DeFilippi’s whip action in the early stages of the run home was compliant, Mr Ydgren said. He then used the whip on a number of occasions (seven) in a manner that was not compliant, generating too much force with the elbow. They were the “old-fashioned strikes”, but with the hand on the reins, Mr Ydgren submitted. It was a “mid-level breach” under the Regulations, Mr Ydgren said. ALDEBARAN FLOSS had won the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr DeFilippi having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said that Mr DeFilippi does not have a good record. He received a 4-day suspension on 14 February last and, prior to that on 10 January (3 days) and fined $200 on 11 October 2020.
Stewards were submitting for a 5-day suspension on this occasion and Mr DeFilippi had requested that any suspension start immediately, Mr Ydgren said.
reasonsforpenalty:
The HRNZ Whip Penalty Guide (effective 1 October 2020) provides as follows:
Mid-level is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.
The Penalty Guide starting point for a breach in a Group 2 race is a 5-day suspension. In view of Mr DeFilippi’s bad record, an uplift to that starting point would be justified. However, the Committee is prepared to extend some leniency to Mr DeFilippi, for a 5-day suspension (including a Premier Race Night and another meeting with two Group races) for Mr DeFilippi is a harsh penalty and one which, the Committee believes, will adequately redress the particular breach.
However, Mr DeFilippi is on notice that any further breach in the near future may not attract similar leniency from a Judicial Committee.
penalty:
Mr DeFilippi’s Open Driver’s Licence is suspended from after the close of racing today, up to and including 11 April 2021 – 5 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 31 March and 3 April, Banks Peninsula TC on 5 April, NZ Metropolitan TC on 9 April 2021 and Methven TC on 11 April 2021.
hearing_type: Hearing
Rules: 869(2) and Whip & Rein Regulations
Informant: Mr NM Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr CJ DeFilippi - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e42d0d320856fa17a59e0db2fab44daa
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: 29a2b21a04984044b2233eb4638eb997
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/03/2021
meet_title: NZ Metro TC - 26 March 2021
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