Rangiora HRC 7 May 2017 – R 5 – Chair, Mr S Ching
ID: JCA14722
Meet Title:
Rangiora HRC - 7 May 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/05/07
Race Number:
R5
Decision:
As Mr DeFilippi admitted the breach the charge was found proved.
Penalty:
Accordingly, Mr DeFilippi was fined the sum of $200.
Facts:
Following the running of Race 5, the Ohoka 2YO Mobile Trot, an Information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr C DeFilippi, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving ONE OVER DA SKYE, he forced MYSTIC MAN, driven by Mr B Williamson, wider on the track with 1150m to run when not entitled to do so.
Rule 869(4)(6) (b)(c) reads 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.
(6) “Subject to sub-rule (4) hereof:-
(b) a horse making a forward moment during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
Mr DeFilippi had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr DeFilippi also confirmed he understood the rule he was being charged with.
Mr Wallis gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr R Quirk, to show that near the 1150m ONE OVER DA SKYE, driven by Mr DeFilippi, was racing 4 back on the pylons with RED HARBOUR, driven by Mr K James, on his outside. RED HARBOUR improved its position forward and shortly afterwards MAJESTIC MAN, driven by Mr B Williamson, who was previously trailing ONE OVER DA SKYE, shifted out onto the back of RED HARBOUR. Mr DeFilippi then shifted out forcing Mr Williamson wider on the track which in turn shifted BD SON, driven by Mr G Smith, wider on the track. Mr Wallis stated that Mr Williamson reported to the Stewards that MAJESTIC MAN, who broke shortly after Mr DeFilippi forced that horse wider, was racing greenly and did not break as a result of this incident.
Mr DeFilippi stated that he had looked to check that no one was on RED HARBOUR'S back but by the time he was out, Mr Williamson was there and being forced wider. He said he did not realise Mr Williamson had come from off his back. He conceded he had made an error of judgement.
Submissions for Penalty:
Mr Wallis informed the Committee that Mr DeFilippi had driven on 282 occasions to date this season, with 341 drives last season. He stated that Mr DeFillipi had readily admitted the breach and has a clear record regarding this rule. Mr Wallis stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mr Wallis submitted that with Mr DeFilippi’s good record and his admission of the breach, that a fine of $200 be considered as penalty in this case.
Reasons for Penalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation, credit was given for Mr DeFilippi’s ready admission of the breach and his good record. We determined that there were no aggravating factors in this case and after adopting the JCA Penalty Guide starting point of a $250 fine, the Committee determined that we were able to afford Mr DeFilippi a discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.
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: 747df13b77c8cb6475ac58740f7e5ada
informantnumber: A9054
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Rule 869(4)(6)(b)(c)- the push out rule.
plea: admitted
penaltyrequired: 1
decisiondate: 10/05/2017
hearing_title: Rangiora HRC 7 May 2017 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Ohoka 2YO Mobile Trot, an Information was filed by Stipendiary Steward Mr S Wallis against Open Horseman Mr C DeFilippi, alleging a breach of Rule 869(4)(6)(b) (c), in that when driving ONE OVER DA SKYE, he forced MYSTIC MAN, driven by Mr B Williamson, wider on the track with 1150m to run when not entitled to do so.
Rule 869(4)(6) (b)(c) reads 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.
(6) “Subject to sub-rule (4) hereof:-
(b) a horse making a forward moment during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.”
Mr DeFilippi had endorsed on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr DeFilippi also confirmed he understood the rule he was being charged with.
Mr Wallis gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr R Quirk, to show that near the 1150m ONE OVER DA SKYE, driven by Mr DeFilippi, was racing 4 back on the pylons with RED HARBOUR, driven by Mr K James, on his outside. RED HARBOUR improved its position forward and shortly afterwards MAJESTIC MAN, driven by Mr B Williamson, who was previously trailing ONE OVER DA SKYE, shifted out onto the back of RED HARBOUR. Mr DeFilippi then shifted out forcing Mr Williamson wider on the track which in turn shifted BD SON, driven by Mr G Smith, wider on the track. Mr Wallis stated that Mr Williamson reported to the Stewards that MAJESTIC MAN, who broke shortly after Mr DeFilippi forced that horse wider, was racing greenly and did not break as a result of this incident.
Mr DeFilippi stated that he had looked to check that no one was on RED HARBOUR'S back but by the time he was out, Mr Williamson was there and being forced wider. He said he did not realise Mr Williamson had come from off his back. He conceded he had made an error of judgement.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr DeFilippi admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Wallis informed the Committee that Mr DeFilippi had driven on 282 occasions to date this season, with 341 drives last season. He stated that Mr DeFillipi had readily admitted the breach and has a clear record regarding this rule. Mr Wallis stated that the JCA Penalty Guide showed that a starting point for a breach of this Rule was a fine of $250. Mr Wallis submitted that with Mr DeFilippi’s good record and his admission of the breach, that a fine of $200 be considered as penalty in this case.
reasonsforpenalty:
In determining penalty, the Committee took into account all aggravating and mitigating factors. In mitigation, credit was given for Mr DeFilippi’s ready admission of the breach and his good record. We determined that there were no aggravating factors in this case and after adopting the JCA Penalty Guide starting point of a $250 fine, the Committee determined that we were able to afford Mr DeFilippi a discount of $50 for his admission of the breach and his good record. We therefore determined that a fine of $200 was an appropriate penalty in this case.
penalty:
Accordingly, Mr DeFilippi was fined the sum of $200.
hearing_type: Hearing
Rules: 869(4)(6)(b)(c)
Informant: S Wallis- Stipendiary Steward
JockeysandTrainer: C DeFilippi- Open Horseman
Otherperson: Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 12cd2dd70711ef5654172039bb469f3f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4fc7c32e046b5738f23d499a21d30886
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/05/2017
meet_title: Rangiora HRC - 7 May 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: rangiora-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Rangiora HRC