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Nelson HRC 10 January 2021 - R 8 - Chair, Mr S Ching

Created on 12 January 2021

Rules:
869(2)
Committee:
SChing (chair)
LYong
Name(s):
C DeFilippi-Licensed Open Driver
Informant
S Renault- Stipendiary Steward
Information Number
A13225
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 8, the Taylors Contracting Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Mr C DeFilippi alleging a breach of Rule 869(2) in that he used his whip free of the rein and then with more than a wrist flicking motion driving ZIPPIDY DOODAH shortly after the start on more occasions than permitted by the Whip and Rein Regulations.

Rule 869(2) reads as follows:

869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Relevant Part of the Whip & Rein Regulations as follows:

WHIP AND REIN REGULATIONS

PART 3 USE OF THE WHIP

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 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.

3.4.2 If the whip is applied excessively, continuously, or without allowing the horse time to respond.

3.4.3 If the whip is applied when the horse:

3.4.3.1 is not visibly responding.

3.4.3.2 is not in contention.

3.4.3.3 cannot maintain or improve its position.

3.4.3.4 is clearly winning.

3.4.3.5 has passed the winning post at the finish of a race.

3.4.4 If the whip is used when the reins are lengthened so as to result in loose reining.

3.4.5 If the whip is used in a prodding or jabbing fashion.

3.5 A driver must not use the whip in a manner which causes injury to a horse.3.6 A whip shall not be used in a manner that may obstruct, strike or endanger another driver or horse.

3.7 A driver must ensure a whip does not project outside his or her sulky.

Mr DeFilippi had endorsed the Information that the breach was admitted which he confirmed at the hearing. Mr DeFilippi also acknowledged that he understood the provisions of the charge and the Rule it was brought under.

Mr Renault gave evidence and showed video replays of the race from the start. He pointed out Mr DeFilippi, driving ZIPPIDY DOODAH, positioned on the front-line position, drawn 3. Mr Renault demonstrated on the film that shortly after the start was declared, Mr DeFilippi drew the whip and used it free of the rein once and then used it on 9 occasions which were not in a wrist flicking motion as required under the Regulations.

Mr DeFilippi stated that he had been instructed to drive the horse away from the start as the horse was lazy and had reverted back to the old style without thinking.

Decision:

As Mr DeFilippi had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Renault stated that Mr DeFilippi’s driving statistics showed 96 drives so far this season with 162 drives recorded for last season. He added that Mr DeFilippi’s record showed a breach of the new Whip Regulations at Methven on 11 October where he was fined $200 for a low range breach. Mr Renault stated that this breach was mid-level and as this was Mr DeFilippi’s 2nd breach within 6 months, a suspension as per the Penalty Guide was the required penalty. He submitted that a 3-day suspension be considered.

Mr DeFilippi submitted that a 2-day suspension be imposed.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 3 to 5 day suspension for a 2nd breach of this Rule within a 6-month period. The Committee deemed that this breach was mid-level and considered there were no aggravating factors to consider, therefore no uplift in penalty warranted. After taking into consideration all factors it was determined that a 3-day suspension was an appropriate penalty in this case. Mr DeFilippi is currently suspended from today’s meeting for an offence on the first day, which ends after racing on 17 January, with this suspension added to that period.

Penalty:

Accordingly, Mr DeFilippi is suspended from the conclusion of racing 17 January up to and including 29 January 2021. Meetings encompassed in this period of suspension are Addington - 22 January, Banks Peninsula - 24 January and Addington 29 January 2021.

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