Rangiora HRC 19 May 2024 – R2 – Colin DeFilippi
ID: RIB42328
Animal Name:
Choco Lou
Code:
Harness
Race Date:
19/05/2024
Race Club:
Rangiora Harness Racing Club
Race Location:
Rangiora Racecourse - 312 Lehmans Road, Fernside, Rangiora, 7440
Race Number:
R2
Hearing Date:
19/05/2024
Hearing Location:
Rangiora Raceway, Rangiora
Outcome: Proved
Penalty: Open Driver, Colin DeFilippi, fined $250
BACKGROUND:
Following the running of Race 2, The Tyre General Mobile Pace, Open Driver, Colin John DeFilippi, as the Driver of CHOCO LOU in the race, admitted that he drove carelessly near the 1100 metres when allowing his horse to strike the sulky wheel of ACENTO (Robbie Holmes) and break.
Rule 869 provides:
(3) No driver in any race shall drive:-
(b) carelessly
EVIDENCE:
Stipendiary Steward, Paul Williams, showed video replays of the incident with approximately 1100 metres to race. He pointed out CHOCO LOU, driven by the Respondent, racing four places back on the markers with ACENTO (Robbie Holmes) racing to the outside of and improving past CHOCO LOU.
Mr Renault showed that the Respondent then eased his runner out to get onto the back of Mr Holmes, and the near front leg of his runner could be seen to strike the inside sulky wheel of ACENTO. Mr Holmes reported to Stewards post-race, that he had sustained a flat tyre at about the 1100 metres, which the video replay confirmed.
The Respondent said that his runner had touched the tyre right at the end of its stride. He did not wish to add anything.
DECISION:
The charge having been admitted, it is deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Williams said that the Respondent has a clear record under the Careless Driving Rule. The starting point for penalty under the Penalty Guide is a fine of $300, he said. Recent penalties for similar breaches have been $250, and that would be an appropriate penalty for this breach, Mr Williams submitted.
REASONS FOR PENALTY:
The Adjudicative Committee is satisfied that the breach is mid-level, having regard to the consequences to Mr Holmes’ runner. The RIB Harness Racing Penalty Guide provides a starting point of a $300 fine for a mid-level, first breach of careless driving striking a wheel. The Guide provides that “the consequences of this action go to penalty”. As far as consequences go, the only consequence was to Mr Holmes’ runner which, the Adjudicative Committee noted, finished in 4th placing.
The Driver statistics on the HRNZ Website show that the Respondent has had 116 drives this season and that, last season, he had 208 drives. His record is, therefore, a good one and he has admitted the breach. Those factors warrant a discount from the starting point and that discount is fixed at $50.
CONCLUSION:
The Respondent, Open Driver, Colin DeFilippi, is fined $250.
Decision Date: 19/05/2024
Publish Date: 21/05/2024