Amberley TC 6 February 2025 – R8 – Colin DeFilippi

BACKGROUND:

Following the running of Race 8, Rangiora Equine Services “Amberley Cup”, Open Driver, Colin DeFilippi, as the Driver of HERE’S HERBIE in the race, denied a charge that he “drove carelessly racing into the first bend by shifting inwards causing WOODBINE ROCKS (Gerard O’Reilly) to be crowded, which locked wheels with DOUBLE TIME (Tim Williams) and broke.”

Rule 869 provides:

(3)  No driver in any race shall drive:- 

    (b) carelessly

The Shifting Ground Regulation provides:

During any race a driver shall be permitted to shift ground:

1. Inwards and ease another runner down the track provided such driver is in a position to do so by having sufficient advantage over the horse about to be shifted inwards and that horse is clear of other horses to its inside so it can be moved in.

For the avoidance of doubt, the following shall apply

The onus shall be on the driver shifting ground to ensure the move is made with safety and does not cause interference by conducting it in a gradual and acceptable manner thereby enabling the driver of the runner being moved to be able to take the necessary action to accommodate the manoeuvre

EVIDENCE:

Stipendiary Steward, Paul Williams, had Stipendiary Steward, Shane Renault, point out the runners involved on video replays of the incident, shortly after the start of the 2600 metres standing start race. HERE’S HERBIE, driven by Mr DeFilippi, and WOODBINE ROCKS, driven by Mr O’Reilly, had drawn barrier positions 3 and 2 respectively on the front row. DOUBLE TIME, driven by Mr Williams, had drawn 1 of the 10 metres runners.

Mr Williams alleged that Mr DeFilippi, following the leader and racing to the outside of Mr O’Reilly’s runner, had shifted inwards when not clear of Mr O’Reilly, who had nowhere to go, forcing him to lock wheels with Mr Williams. As a result of the locking of wheels, Mr O’Reilly’s runner had galloped and lost ground.

Mr O’Reilly said that both horses begun well. Just prior to the incident, Mr DeFilippi had an advantage over him, so he had begun to pull back, he said. His runner had “drifted” into the line of Mr Williams and locked wheels with him and his horse had panicked and broke. He was being tightened by Mr DeFilippi, he said. Mr O’Reilly agreed, when it was put to him by the Adjudicative Committee, that although Mr DeFilippi had an advantage over him, he was not entitled to ease him down, as Mr Williams was racing to his inside.

Mr DeFilippi said that there were a number of factors contributing to Mr O’Reilly’s horse breaking. Firstly, Mr O’Reilly’s horse would not come down and had its head round. Secondly, the leader (TEMPO WARRIOR) was racing one cart off the markers and did not need to be. Thirdly, he submitted, Mr O’Reilly’s runner was proving to be a difficult steer. He submitted that Mr O’Reilly’s runner was able to be shifted down, and it had not broken until he had crossed it. He submitted that the locking of wheels had not occurred until he was past.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Adjudicative Committee heard much evidence and submissions, in particular from Mr DeFilippi who presented his defence to the charge with some vigour. However, the evidence of Mr O’Reilly and, in particular, the videos replays, were compelling in the final analysis.

Mr DeFilippi’s runner had begun well, as had Mr O’Reilly’s runner to its inside. Mr DeFilippi was intent on crossing to get on the back of the leader and has shifted his runner inwards when, the Adjudicative Committee finds, not sufficiently clear of Mr O’Reilly’s runner. He was not entitled to ease Mr O’Reilly’s runner down because, although he did have a “sufficient advantage” over Mr O’Reilly, Mr O’Reilly was not clear of Mr Williams to his inside, to be able to accommodate Mr DeFilippi’s shift.

In attempting to ease Mr O’Reilly down when not entitled to, Mr DeFilippi has caused the two runners to his inside, WOODBINE ROCKS and DOUBLE TIME, to briefly lock wheels, which has resulted in the former breaking and losing some 5 or 6 lengths and its position in the running. In the meantime, Mr DeFilippi has been able to settle into the trail behind the leader.

The onus is always on the Driver shifting ground, to ensure the move is made with safety and does not cause interference. If interference is caused, the Driver shifting ground has driven carelessly.

The Adjudicative Committee is satisfied that Mr DeFilippi has driven carelessly and, accordingly, the charge is proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr DeFilippi had 134 drives in the 2024 season and has had 16 to date in the current season. His record under the Careless Driving Rule is clear. Stewards believed the breach was mid-level, two runners receiving interference. The Penalty Guide starting point for a medium-level breach is a $500 fine or a 2-days suspension. Stewards were prepared to accept whichever penalty Mr DeFilippi preferred. After a discussion, Mr DeFilippi advised that his preference was for a term of suspension. He sought a deferment of any suspension until after the meeting of Banks Peninsula TC on 16 February.

REASONS FOR PENALTY:

The Adjudicative Committee assesses the level of carelessness to be in the mid-range. The RIB Harness Racing Penalty Guide (October 2024) suggests a starting point for penalty of a fine of $500 or a 2-days suspension for a first, mid-level breach. There are no relevant aggravating or mitigating factors relevant to penalty to be considered. Mr DeFilippi had asked the Adjudicative Committee to consider a suspension.

CONCLUSION:

Mr DeFilippi’s request for a deferment is granted. He is suspended from after the close of racing on 16 February 2025, up to and including 22 February 2025 – 2 days.