NZ Metro TC 20 July 2025 – R5 – Colin DeFilippi

BACKGROUND:

Following the running of Race 5, Maxia Complete Mobile Pace, Open Driver, Colin DeFilippi, admitted a breach of the Whip Rules in that, as the Driver of HIT THE BEACH in the race, he “used his whip with more than a wrist flicking motion in the run home”.

Rule 869 provides:

(2)  No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

 The Whip and Rein Regulations provide:

3.1     A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final bend and home straight. He pointed out HIT THE BEACH, driven by Mr DeFilippi, as the field turned into the final straight. After turning for home, Mr Renault showed, Mr DeFilippi commencing the use of his whip and did so in more than a wrist only flicking motion on twelve occasions, he alleged. Approximately 50 metres prior to the end of the race, he returned to a compliant style.

Mr DeFilippi said at the time he thought it was fine, however, when he then reviewed the footage, he had agreed with the Stewards. During the hearing, however, he said that as he watched the film, he did not think it was that bad. After a query by the Adjudicative Committee about this, he said the strikes were clear, but they were not hard strikes.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr DeFilippi had 77 drives in the current season. He has a clear record under this Rule within the reset timeframe, but received a warning on 22 June 2025, for using his whip in more than a wrist only flicking motion.

Mr Renault then referred to the Penalty Guide starting points. He submitted that this breach was in the mid-range, therefore, as per the Penalty Guide, the appropriate starting point was a $500 fine or 2-days suspension.

Mr DeFilippi expressed a preference for a suspension.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide provides a starting point for penalty of a $500 fine or 2-days suspension for a mid-level, first breach. A “mid-level breach” is defined as when a driver “inadvertently uses the old whipping style for approximately 50m or more before returning to a compliant style”.

The Adjudicative Committee sees this particular breach as being mid-level, within that definition.

Mr DeFilippi has expressed a preference, in this instance, for a suspension. There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide. Accordingly, the penalty is a two-day suspension.

At the hearing, Mr DeFilippi sought a deferment until 25 July 2025, which was granted.

The following day, communication was received by the Adjudicative Committee outlining that Mr DeFilippi had got his dates wrong and wished to seek a deferment until 27 July 2025. This alteration was granted.

CONCLUSION:

Mr DeFilippi’s Open Driver’s Licence is suspended from after the close of racing on 27 July 2025, up to and including 3 August 2025 – 2 days.