Rangiora HRC 28 May 2017 – R 8 (heard 4 June 2017 at Ashburton) – Chair, Mr S Ching

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startdate: 28/05/2017

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hearing_title: Rangiora HRC 28 May 2017 - R 8 (heard 4 June 2017 at Ashburton) - Chair, Mr S Ching

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: S Wallis-Stipendiary Steward

Respondent: C DeFilippi -Licensed Open Horseman

Information: A9021

Meeting: Rangiora Harness Racing Club

Date: 28 May 2017 (heard 4 June 2017 at Ashburton)

Rules: 869(2)(a)

Charge: Breach of Rule 869(2)(a)-excessive use of the whip.

Race: 8

Judicial Committee: S Ching, Chairman - R McKenzie, Panellist

Plea: Admitted

Also Present: Mr Renault, Stipendiary Steward

Evidence:

This was an adjourned hearing from the Rangiora Harness Racing Clubs meeting on 28 May reconvened and heard at the Ashburton Trotting Clubs meeting on 4 June 2017.

Following the running of Race 8, the Joan Belcher Legacy Fillies & Mares Mobile Trot, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horseman Mr C DeFilippi, alleging a breach of Rule 869(2)(a) in that he used his whip in an excessive manner over the final 400m.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-

(a) Use his whip in an unnecessary, excessive or improper manner.”

Use of the Whip Guidelines provides:

-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

Submissions For Decision:

Mr DeFilippi had endorsed the Information that this breach of the Rules was admitted. Mr DeFilippi had also informed the Stewards that he did not want to be present at the hearing.

Mr Renault, on behalf of Mr Wallis, gave evidence and showed video replays of the incident which showed Mr DeFilippi, driving TEHORO DAZZLE, who finished in 3rd place, in the trail of the leader as the field turned for home. Mr Renault pointed out Mr De Filippi, who drew the whip inside the 400m and used the whip free of the rein on 12 occasions over the concluding stages.

Reasons For Decision:

As Mr DeFilippi had admitted this breach of the Rules it was found to be proved in accordance with Rule 1304(1)(b).

Decision:

The charge was found to be proved.

Submissions on Penalty:

Mr Renault stated that Mr DeFilippi was a busy driver having had 303 drives so far, this season with 341 drives last season. He also stated that Mr DeFilippi’s penalty record showed 2 breaches of this rule in the previous 12 months being a $300 fine at Banks Peninsula on 26 March 2017 and a 2-day suspension at Addington on 5 May 2017. He also stated that Mr DeFilippi had admitted the breach at the first opportunity and that the breach was at the low-end due to the number of strikes being 12. He submitted that a 4-day suspension be considered as penalty.

Mr Renault also submitted that Mr DeFilippi had requested a 7-day deferment as he had drives at the upcoming 2-day meeting in Nelson the following week.

Reasons For Penalty:

The JCA Penalty Guide starting point for a second and subsequent breach of this rule within 6 months was a 3-5-day suspension.

We determined that this breach was at a low-level due to the number of strikes being 12 and the force which was at worst mid-range. After consideration, the Committee adopted a 4-day starting point in this case.

The aggravating factor is Mr DeFilippi’s record which shows 2 breaches of this rule within the previous 6 months. We found that this factor warranted an uplift of 1 day to 5 days.

In mitigation Mr DeFilippi’s frank admission of the breach we determined, warranted a discount which we set at 1 day.

We therefore determined that a 4-day suspension was an appropriate penalty in this case.

Mr DeFilippi’s request for a 7-day deferment was granted until after racing on Sunday 11 June 2017.

Penalty:

Accordingly, Mr DeFilippi’s Horsemans licence was suspended form the conclusion of racing on 11 June 2017 up to and including 30 June 2017. Meeting encompassed in this suspension are Addington 16 June, Oamaru 18 June, Marlborough at Addington 25 June and Addington on 30 June 2017.

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hearing_type: Old Hearing

Rules: 869(2)(a)

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