Amberley TC 6 February 2025 – R4 – Colin DeFilippi

BACKGROUND:

Following the running of Race 4, Rangiora New World Mobile Pace, Open Driver, Colin DeFilippi, admitted a breach of the Whip Rules in that, as the Driver of SAMVASA 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, Paul Williams, showed a video replay of the final 200-300 metres of the race. He pointed out SAMVASA, driven by Mr DeFilippi, racing in mid-field and amongst runners as the field turned into the final straight. After turning for home, Mr Williams showed, Mr DeFilippi drew his runner out and commenced using his whip and did so in more than a wrist only flicking motion on some six occasions, he alleged. There were two strikes early on, which were “borderline” and were not included in the charge, Mr Williams said.

Mr DeFilippi did not dispute Mr Williams’ assessment and did not wish to comment.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr DeFilippi had 134 drives in the 2024 season, and has had 16 in the current season to date. He has a clear record, but received a warning at Rangiora HRC on 1 January 2025, for using his whip in more than a wrist only flicking motion.

Mr Williams then referred to the Penalty Guide starting points for low-level and mid-level first breaches – $300 fine or 2-days suspension and $500 fine or 2-days suspension respectively. He submitted that this breach was in the range of low-to-mid and, therefore, the appropriate starting point for a fine is $400.

After a discussion, Mr DeFilippi expressed a preference for a fine.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty of a 2-days suspension or a fine of $300 for a low-level, first breach. A “low-level breach” is defined as when a driver “inadvertently uses the old whipping style before returning to the compliant style”. The Adjudicative Committee sees this particular breach as being low-level, within that definition.

Mr DeFilippi has expressed a preference, in this instance, for a fine. There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point for a low-level, first breach of a $300 fine.

CONCLUSION:

Open Driver, Colin DeFilippi, is fined the sum of $300.