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Hororata TC 14 February 2021 - R 3 - Chair, Mr D Anderson

Created on 15 February 2021

Rules:
869(2)
Committee:
DAnderson (chair)
Name(s):
Mr C DeFilippi - Open Driver
Informant
Mr S Renault - Stipendiary Steward
Information Number
A13232
Plea:
Admitted
Charge:
Breach of Whip Regulations
Evidence:

Following the running of Race 3 an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869(2) by Open Driver Mr C DeFilippi. The information alleged; ”You used your whip with more than a wrist flicking motion in the home straight.”

Mr DeFilippi signed the Information admitting the breach and stated he was conversant with the Rule.

Rule 869 provides 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.

(3.3) A driver shall not use a whip in an unapproved manner.

(3.4) For the purposes 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 Renault used the race video to identify Mr DeFilippi driving (4) KENNEDY, racing in the trail entering the home straight. Mr Renault pointed to Mr DeFilippi striking his horse on several occasions using more than a wrist flicking motion. He said Mr DeFilippi has engaged his elbow far too many times and has fallen well short of the requirements.

Mr DeFilippi had nothing to add to Mr Renault’s assessment.

Decision:

As Mr DeFilippi admitted the breach the charge was found proved.

Submission For Penalty:

Mr Renault said the Stewards viewed this breach at the high range of the Regulations. He said Mr DeFilippi has offended early in the run home, on a long straight, and continued to drive in the old style of driving on many occasions which is unacceptable.

Mr Renault said the new Penalty Guidelines for a high range breach is a suspension. He said Mr DeFilippi has a poor record in relation to the Rule being fined $200 in October 2020 and suspended for 3 days in January this year.

Mr Renault said the Stewards would be seeking an uplift in the starting point and considered a suspension of 4 days as appropriate.

Mr DeFilippi chose not to make any submissions on Penalty and after deferment was discussed he asked to start any suspension after the Rangiora meeting on the 20th of February 2021.

Reasons For Penalty:

The JCA Penalty Guide provides in stage 2 (November 1 onwards) for a high-level breach, the start point will be a period of suspension (3 days). High-level offending is defined as when a Driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving.

The Committee believes this breach falls within this level but Mr DeFilippi’s poor record is an aggravating factor which necessitates an uplift in Penalty.

The Committee in considering these factors find a 4-day suspension appropriate in this case.

Mr DeFilippi's request for a deferment is granted.

Penalty:

Accordingly, Mr DeFilippi’s Open Horseman’s licence is suspended from the close of racing on the 20 February 2021 up to and including racing on the 5 February 2021.

Meetings encompassed in this suspension are:

NZMTC 25 February
Ashburton TC 27 February
Waikouaiti TC 28 February
NZMTC 5 March 2021

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