NZMTC 27 May 2022 – R1 – Colin DeFilippi

Summary of Facts:

Following the running of Race 1, the Respondent, Mr Colin DeFilippi admitted a breach of Whip Rule 869(2).  The particulars of the charge are that “the whip was used with more than a wrist flicking motion in the home straight ”.

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, Mr Paul Williams used available video footage to demonstrate the breach. He pointed to Mr DeFilippi using his whip in a complaint style early in the run home and then striking his horse 5 times which the Stewards believe were outside the Regulations before returning to an acceptable manner close to the winning post.

In response, the Respondent advised the Adjudicative Committee he was in a tight finish and his horse was a “thinker”. He said if his actions constitute a breach of the Rules he would have to consider not carrying a whip.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Williams produced the Respondent’s Mr DeFilippi’s record which indicated a warning and 2 low-range breaches in the last 6 months for which a $200 fine and a 3-day suspension were imposed.

Mr Williams said that Stewards assessed the breach to be medium-level and submitted that it be dealt with by way of suspension in the 4 to 5 day range.

The Respondent made no submissions on penalty.

If a suspension is proposed a 6-day deferment is sought to enable confirmed driving engagements at the NZMTC meeting on 2 June to be met.

 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 assessed the breach at a medium level.

A medium-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining, and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.

Aggravating factors are Mr DeFilippi is a repeat offender and has struck his drive 5 times which were well outside of the Whip and Rein Regulations.

Mr Defilippi has admitted the breach and has shown genuine remorse for his actions which the Adjudicative Committee appreciated, but under the Guidelines holds no weight when considering Penalty.

Having considered all factors, the Adjudicative Committee deemed a suspension to be an appropriate penalty.

Conclusion:

The Respondent is granted a deferment and is suspended for a period of 4 days commencing 3 June 2022 and concluding 17 June 2022.