NZ Metro TC 9 February 2024 – R5 – Colin DeFilippi

Summary of Facts:

Following the running of Race 5, the Respondent Open Driver Colin DeFilippi denied a breach of Rule 868(3); namely that when driving DONTTELLTHEBOYS, he failed to drive the horse out to the end of the race when having a reasonable chance of running first.

The Respondent, Mr DeFilippi, endorsed the Information ‘I do not admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 868(3) provides:

(3) Every driver shall drive his or her horse out to the end of the race if he or she has any
reasonable chance of running first, second, third, fourth, or fifth.

Using available video footage, Stipendiary Steward, Shane Renault, identified the horse involved in the incident namely, DONTTELLTHEBOYS, driven by Mr DeFilippi, racing 4 wide and in contention as the field turned for home. He showed Mr DeFilippi driving his horse out up until inside the 50m, where he stopped driving and sat motionless in the sulky over the final 40m. Mr Renault stated that the margin between 1st and second was a nose and it was not unreasonable to expect Mr DeFilippi to have continued to drive his horse out to the end of the race, as the horse had a reasonable chance of winning.

Mr DeFilippi stated that he had received the horse from the Katie Cox Stable and had spent a lot of time getting the horse to the racing proposition he was tonight. He said that DONTTELLTHEBOYS was usually slow away and tonight was no different, with him being in 10th position over the early stages. Mr DeFilippi stated that he was forced 4 wide on the home turn when in contention. He said DONTTELLTHEBOYS felt good at the home turn and knew he was going to be in the finish. He added that the horse was already doing its best and he was concerned that if he used the whip, he could be in breach of the Whip Rule.

Reasons for Decision:

The Adjudicative Committee was satisfied that up until the 50m, Mr DeFilippi was driving DONTTELLTHEBOYS out with satisfactory vigour, using the reins and whip, to encourage the horse, and was in contention near the 50m, being only a head to a neck behind the leader at this point.

The films were very conclusive from the 50m, which showed Mr DeFilippi clearly stop driving his horse out and sit motionless in the sulky over the final 40m.

DONTTELLTHEBOYS’ momentum carried the horse to within a nose margin for first, so it would not be unreasonable to believe that had Mr DeFilippi made any discernible effort to encourage his horse over the final 40m, the placings could quite likely be reversed with the horse winning the race.

Decision:

The Adjudicative Committee therefore found the charge proved.

Submissions for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record which indicated a clear record.

He stated that the Penalty Guide provided a 7 day starting point for a breach where the Driver fails to drive out when there was a reasonable chance of finishing in 1st place.

He submitted that a suspension of 7 days as per the Penalty Guide be considered as penalty.

The Respondent made no submissions on penalty apart from requesting any suspension begin as soon as possible.

Reasons for Penalty:

The Penalty Guide provides a starting point of a 7-day suspension for a breach of this Rule when failing to drive out for 1st place.

There were no aggravating factors to consider, therefore no uplift was warranted.

There were also no mitigating factors to consider, therefore no discount was applicable.

It was therefore determined that a 7 day suspension was an appropriate penalty in this case.

Conclusion:

The Respondent, Mr DeFilippi is suspended from the conclusion of racing on 11 February, up to and including 6 March 2024. Relevant meetings encompassed in this period of suspension are Addington – 16 February, Rangiora – 17 February, Addington – 22 February, Ashburton – 24 February, Addington – 29 February, Rangiora – 3 March and Oamaru – 6 March  2024.