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Methven TC 11 October 2020 - R 1 - Chair, Mr D Anderson

Created on 13 October 2020

Rules:
869(2)
Committee:
DAnderson (chair)
RMcKenzie
Name(s):
Mr C DeFilippi - Open Driver
Mr S Renault - Stipendiary Steward
Informant
Mr P Williams - Stipendiary Steward
Information Number
A13603
Plea:
Admitted
Charge:
Breach of Whip Regulations
Evidence:

Following the running of Race 1 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869(2) by Open Driver Mr C DeFilippi. The information alleged, C DeFilippi (KINGSDOWN ATOM) used his whip free of the rein and with more than a wrist flicking motion in the home straight.

Mr DeFilippi signed the information stating he admitted the breach and that 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 Williams used the race video to identify Mr DeFilippi driving (8) KINGSDOWN ATOM, in the trailing position entering the home straight. Mr Williams pointed to Mr DeFilippi and demonstrated him crossing his reins and driving his horse to the finishing line using his whip free of the rein.

Mr DeFilippi stated he had positioned a tongue strap on each hand to remind him of the new rules but when the excitement of the finish started, he had reverted to his last 47 years of instinct.

Decision:

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

Submission For Penalty:

Mr Williams stated Mr DeFilippi had been spoken to previously about the new rules on the 8 October and was officially warned.

Mr Williams said considering all the factors the Stewards were seeking a fine of $200 as Penalty.

Mr DeFilippi chose not to make any submissions on Penalty.

Reasons For Penalty:

The JCA Penalty Guide provides in stage 1 (October 1 to October 31) in cases where a driver does not promptly correct their action or who has previously had a warning a $200 fine will be recommended.

The Committee although mindful that Mr DeFilippi had won the race, the win was a close but comfortable one, we see no aggravating factors to depart from the guidelines.

The Committee in considering these factors agree a fine of $200 is an appropriate Penalty in this case.

Penalty:

Mr DeFilippi is fined $200.

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