NZ Metro TC 29 September 2023 – R5 – Colin DeFilippi
ID: RIB27865
Animal Name:
Here's Herbie
Code:
Harness
Race Date:
29/09/2023
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R5
Hearing Date:
29/09/2023
Hearing Location:
Addington Raceway, Christchurch
Outcome: Proved
Penalty: Open Driver, Colin DeFilippi, fined $100
BACKGROUND:
Following the running of Race 5, Nevele R “50 years of Success” Handicap Pace, Open Driver, Colin DeFilippi, admitted a breach of Rule 869(7A)(a) in that, as the Driver of HERE’S HERBIE in the race, he struck the final track marker prior to the passing lane.
Rule 879 provides as follows:
(7A) Every driver who moves inwards shall ensure:
(a) that contact is not made with any track marker.
EVIDENCE:
Chief Stipendiary Steward, Nigel McIntyre, showed a video replay of the incident on a video replay. He pointed out HERE’S HERBIE, driven by the Respondent, racing three places back on the markers as the field neared the home turn. The Respondent then took a run to the inside and, in doing so, the inside wheel of his sulky ran over the final track marker prior to the passing lane.
The Respondent said that he did not quite understand the Rule as he did not go inside the track marker and, therefore, did not gain any advantage. The Adjudicative Committee asked Mr McIntyre to read the Rule to the hearing. Mr McIntyre explained that the sulky protruding inside the marker line is a separate offence.
DECISION:
The charge having been admitted, it is deemed proved.
SUBMISSIONS FOR PENALTY:
Mr McIntyre said that such a breach attracts a “standard fine” of $100. It is about to be brought under the Minor Infringement Scheme with an infringement fine of that amount. The Respondent has received a previous warning, he said.
REASONS FOR PENALTY:
This was a clear breach of the Rule and the Respondent was happy with the explanation given by Mr McIntyre.
The Adjudicative Committee accepts that the usual penalty imposed for a breach of contacting a track marker is a fine of $100 and that is the appropriate penalty in this case.
CONCLUSION:
The Respondent, Open Driver, Colin DeFilippi, is fined $100.
Decision Date: 29/09/2023
Publish Date: 02/10/2023