Waimate TC 26 October 2025 – R1 – Colin DeFilippi

Summary of Facts:

Following the running of Race 1, the Respondent Open Driver Colin DeFilippi admitted a breach of Whip Rule 869(2).  The particulars of the charge are that “when driving SAMVASA he used his whip with more than a wrist flicking motion in the run home.” 

Rule 869 provides that:

(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.

Stipendiary Steward Matt Sole used available video footage to demonstrate the breach. He pointed out Mr DeFilippi, driving SAMVASA racing 4 back and mid track as the field turned for home. Mr Sole showed that Mr DeFilippi drew his whip and used it on approximately 14 occasions, with more than a wrist flicking motion over the concluding stages of the race. Mr Sole stated that the strikes were not continuous and Mr DeFilippi returned to a more compliant use of the whip over the concluding stages of the race.

Mr DeFilippi conceded that his whip action was in breach of the Rules and Regulations. He added that he drove in the old style and held his hands high with the reins and whip which he said, made the breach look worse.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Sole produced the Respondent’s record, which indicated a clear record apart from a warning at Akaroa on 12 October 2025. He added that Mr DeFilippi  had driven on 111 occasions so far this season, with 134 in total last season.

He said that Stewards assessed the breach to be mid-level, due to the reasons set out in submissions. Mr Sole stated that the Penalty Guide provided a 2 day suspension or $500 fine for a 1st breach, mid level offence under this Rule and submitted that a 2 day suspension be considered as penalty.

Mr DeFilippi elected to make no submissions in regard to penalty, apart from submitting that a suspension be applied. He also made application to defer penalty until after racing at Kaikoura on 3 November 2025.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as mid-level, due to the number of strikes in totality.

The Penalty Guide provides a 2-day suspension or $500 fine starting point for a first breach of this Rule for a mid level offence.

It was determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted.

Taking all factors into account, the Adjudicative Committee determined that a 2 day suspension, commensurate with the Penalty Guide, was an appropriate penalty in this case.

Conclusion:

Mr DeFilippi’s application for a deferment until after racing at Kaikoura on 3 November 2025 is granted.

The Respondent is suspended for a period of 2 days, commencing after racing on Monday 3 November 2025, up to and including 7 November 2025. Relevant race days encompassed in this period of suspension are Oamaru on 6 November 2025 and Addington on 7 November 2025.