Kaikoura TC 4 November 2024 – R6 – Colin DeFilippi

BACKGROUND:

Following the running of Race 6, Peninsular Resort Mooloolaba Mobile Pace, Open Driver, Colin DeFilippi, denied a charge that, as the Driver of DONTTELLTHEBOYS in the race, he “shifted outwards near the 1100 metres, forcing KEEPING IT KIWI (Robbie Holmes) wider on the track”.

Rule 869 provides:

(4)   No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

(6)   Subject to sub-rule (4) hereof:-

          (b) a horse during any race shall not be forced to race wider on the track;

(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

EVIDENCE:

Chief Stipendiary Steward Nigel McIntyre, showed video replays of the race as the field neared the 1000 metres. He pointed out DONTTELLTHEBOYS, driven by Mr DeFilippi, racing three places back on the markers and looking to ease away from the markers. KEEPING IT KIWI was racing three places back in the one-out line, following MIKI BENNETT (Tim Williams). Mr Holmes got outside Mr DeFilippi’s wheel and Mr DeFilippi continued his move outwards, Mr McIntyre said. Mr Holmes could clearly be seen to be forced to race 3-wide on the track. Mr McIntyre pointed out that the incident had occurred prior to the 1000 metres. Mr Holmes was forced to race 3-wide for some distance, before easing back onto Mr DeFilippi’s back.

Mr DeFilippi referred to one of the replays. He alleged that Mr Holmes was racing 4-wide and that there was plenty of room for his runner to improve into. It looked worse because, when he came out, Mr Holmes, 4-wide, had gone forward instead of getting on his back. He had not pushed Mr Holmes out, he said.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Adjudicative Committee was somewhat surprised that Mr DeFilippi had attempted to defend this charge. The Adjudicative Committee was clearly satisfied that he had breached the Pushout Rule.

Mr DeFilippi had attempted to confuse the Adjudicative Committee, but the video replays clearly showed that the one-out line, led by Mr Williams with Mr Holmes on his back, had gone forward. In the meantime, Mr DeFilippi remained on the markers, looking to ease out into the running line.  He then did ease out, but not before the nose of Mr Holmes’ runner, going forward, was clearly in line with or past the sulky wheel of DONTTELLTHEBOYS. Once again, the video replay clearly showed that KEEPING IT KIWI was forced to race wider on the track. Those are the elements of the Pushout Rule which, the Adjudicative Committee is satisfied, have been proved on this occasion.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr DeFilippi has had 103 drives in the current season to date and has no breaches of the Rule on his record.

The Penalty Guide starting point for a breach of the Rule is a fine of $200, Mr McIntyre said. He referred to a penalty of a $200 fine given to a Driver on the first day of the meeting for a similar breach. Stewards were submitting that as an appropriate penalty for this breach.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) suggests a fine of $200 for a first, mid-level breach of the Pushout Rule.

There are no aggravating or mitigating factors to consider and, accordingly, the Adjudicative Committee considers a fine of $200, as per the Penalty Guide, to be the appropriate penalty.

CONCLUSION:

The Respondent, Open Driver, Colin DeFilippi, is fined $200.