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03 Aug 2018
Nz-Metro-Tc - R10

NZ Metro TC 3 August 2018 - R 10 - Chair, Mr S Ching

Created on 06 August 2018

Committee:
SChing (chair)
HWeston
Name(s):
C DeFilippi-Licensed Open Horseman
Informant
N Ydgren- Chief Stipendiary Steward
Information Number
A09978
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 10, the Cup Day-Avon City Ford Boot Party on Sale Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr C DeFilippi, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip 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.

Whip Regulation (b) reads as follows;

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky

Mr DeFilippi had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Ydgren.

Mr Ydgren gave evidence and showed video replays of the final 400m. He pointed out Mr DeFilippi, driving NUCLEUS VC, improving into a 4 wide position and in contention as the field turned for home. Mr Ydgren showed Mr DeFilippi draw the whip and use it on 11 occasions over the concluding stages which was in breach of the Whip Guideline Regulation (b). Mr Ydgren stated that Mr DeFilippi did not dispute the number of strikes.

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 Ydgren stated that Mr DeFilippi’s record showed 2 previous breaches of this rule within the last six-months being a 3-day suspension at Cambridge on 2 June at the Harness Jewels and a 3-day suspension at Addington on 29 June 2018. He stated that the JCA Penalty Guide provided a starting point of a 3-day suspension for a second of consequent breach of this rule within a 6-month period. Mr Ydgren submitted that with Mr DeFilippi’s poor record a 4-day suspension be considered as penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 3-day suspension, mitigation inclusive, for a 2nd or subsequent breach of this rule. This Committee determined that Mr DeFilippi’s record was an aggravating factor and warranted an uplift in penalty. This uplift we set at 1 day. We therefore determined that a 4-day suspension was an appropriate penalty in this case.

Deferment was not discussed as there were no relevant meetings over the next 7 days.

Penalty:

Accordingly, Mr DeFilippi was suspended from the conclusion of racing today, 3 August, up to and including 23 August 2018. Meetings that encompass this suspension are Rangiora on 12 August, Addington on 17 August, Oamaru on 19 August and Addington on 23 August 2018.

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