Banks Peninsula TC 16 March 2025 – R2 – Colin DeFilippi

BACKGROUND:

Following the running of Race 2, Megan Swain Racing Trot, Open Driver, Colin DeFilippi, admitted a breach of the Whip Rules in that, as the Driver of ALDEBARAN REDWOOD 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, Matt Sole, showed a video replay of the final 200-300 metres of the race. He pointed out ALDEBARAN REDWOOD, driven by Mr DeFilippi, racing three places back on the markers as the field turned into the final straight. After initially being held up for a run, Mr Sole showed, Mr DeFilippi drew his runner out and activated gear, having difficulty with it. Three strikes involving more than a wrist only flicking motion followed, before he again attempted to activate gear. From that point, he used his whip in more than a wrist only flicking motion on two further occasions, Mr Sole alleged. The breach was low-level, he added.

Mr DeFilippi said it was the first time that the horse had raced in a removable hood. He was late getting a run. When he attempted to activate the hood, it pulled over and under the bridle crossbar, and did not come off at the first attempt. The horse did not respond to the whip initially. He was conscious that the horse was the favourite for the race, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that Mr DeFilippi has had 32 drives this season. He received a fine of $300 at Amberley TC on 6 February for using his whip in more than a wrist only flicking motion.

Mr Sole then referred to the Penalty Guide starting point for a low-level, second breach – a 3-days suspension. Stewards were submitting that this was an appropriate penalty.

Mr DeFilippi sought a deferment until after the meeting of Waimate TC on 23 March 2025.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a low-level, second breach of a 3-days suspension. 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 sought a deferment of any suspension until after racing at Waimate TC on 23 March.

CONCLUSION:

Mr DeFilippi’s application for a deferment is granted. His Open Driver’s Licence is suspended from after the close of racing on 23 March, up to and including 30 March 2025 – 3 days.