Methven TC 7 September 2024 – R8 – Colin DeFilippi

Following the running of Race 8, Rainer Irrigation Mobile Pace, Open Driver, Colin DeFilippi, admitted a charge that, as the Driver of DONTTELLTHEBOYS in the race, he “failed to maintain a straight course in the run home”.

Mr DeFilippi had signed the Information “I do admit a beach of the rule”. Stipendiary Steward, Shane Renault, requested on Mr DeFilippi’s behalf, that Mr DeFilippi’s appearance at the hearing be dispensed with. A lengthy preliminary inquiry with a view to a protest had been completed and Mr DeFilippi was concerned to get back to his horse. Mr Renault told the Adjudicative Committee that it had been explained to Mr DeFilippi the provisions of the Penalty Guide and what the Stewards would be seeking as far as penalty was concerned.

Rule 869 provides as follows:

(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.

The Passing Lanes, False Rails and Home Straight Regulations provides as follows:

7. Except where a driver is making a move pursuant to Rule 869(7) and subject to the preceding provisions of this regulation where applicable, every horse shall upon entering the home straight prior to the finish maintain as straight course as possible to the finish line.
8. Failure to comply with clause . . . 7 hereof shall be deemed a breach of Rule 869(4) of the NZ Rules of Harness Racing in respect of which Rules 1003 and 869A apply.

EVIDENCE:

Stipendiary Steward, Maja Szukiel-Deans showed video replays of the final 200 metres of the race. She had pointed out DONTTELLTHEBOYS, racing in the trail behind the leader, MOTOR MOUTH, as the field turned into the home straight. PATIRO (Seth Hill) was racing three places back, following DONTTELLTHEBOYS. Shortly thereafter, Mr DeFilippi took the passing lane, before activating the removable deafeners, whereupon his runner ducked in before Mr DeFilippi was able to correct it. PATIRO had received some interference in the incident, but Mr Hill had elected not to proceed with a protest, after receiving advice from a Senior Driver, Mrs Szukiel-Deans said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mrs Szukiel-Deans said that Mr DeFilippi has had 97 drives in the current season and he has a clear record under the Rule. The Penalty Guide proposes a $300 fine or a 2-days suspension for a breach of the Rule, and Stewards were seeking a 2-days suspension in this case, for what they viewed as a low level breach.

Mr DeFilippi preferred a suspension, Mrs Szukiel-Deans said, and he had been told that Stewards would be seeking a 2-days suspension. He is subject to an earlier term of suspension, which is due to commence on 15 September 2025, Mrs Szukiel-Deans said.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides for a starting point for penalty for a first, low level breach of Rule 869(4) of a $300 fine or a 2-days suspension. Mr DeFilippi prefers a suspension and that is in order as far as the Adjudicative Committee is concerned. A 2-days suspension is appropriate, there being no relevant aggravating or mitigating factors

CONCLUSION:

Open Driver, Colin DeFilippi’s, Open Drivers Licence is suspended from after the close of racing on 14 September, up to and including 21 September 2025.