Banks Peninsula TC 21 November 2021 – R5 – Colin DeFilippi

SUMMARY OF FACTS:

Following the running of Race 5, Stipendiary Steward Mr Paul Williams presented an Information alleging a breach of Rule 869(3)(f) by Driver Mr Colin DeFilippi which was denied. Mr DeFilippi confirmed he was conversant with the Rule and the charge.

EVIDENCE:

Mr Williams with the assistance of Mr Renault showed the replay film of the start of Race 5. Mr Renault pointed to Mr DeFilippi who was drawn 1 on the second line. He said Mr DeFilippi would be expected to come to the barrier behind the pole horse driven by Mr May but instead positioned his horse in the passing lane to the inside of Mr May. Mr Renault said as the barrier was released Mr DeFilippi began very well, up the passing lane, securing a handy position he was not entitled to. He said as per the Regulations the horse was subsequently disqualified from the race.

Mr DeFilippi said, as he stated in the protest hearing, Mr May’s horse was never going to begin, it had done most of its racing in the North Island and had only one standing start. He said he has always done his best for the horses he has driven and thought he had for this horse too.

Mr DeFilippi said the reason why he denied this breach was firstly, he thought he’d done the right thing by the horse. Secondly, the starting point the Stewards were considering for Penalty was just ridiculous.

REASON FOR DECISION:

The Committee carefully considered all the submissions presented and the preceding protest evidence was also helpful.

The Video replays clearly show Mr DeFilippi has started in the passing lane and as such has taken advantage of a run that he was not entitled to.

Mr DeFilippi has stated he denied the breach for reasons not relevant to the charge which is not helpful to himself or the Committee.

The Committee finds the charge proved.

SUBMISSION FOR PENALTY:

Mr Williams said the Penalty starting point for a breach of the Rule is a 25 drive suspension and there is no alternative by way of a financial penalty. He said Mr DeFilippi has a clear record under the Rule but the aggravating factor is that Mr DeFilippi’s horse was disqualified from the race. He said considering these factors the Stewards consider a suspension of between 5 and 6 meetings as an appropriate penalty in this case.

Mr DeFilippi said if it wasn’t for his good horse it wouldn’t matter what Penalty was incurred. He said he was looking at racing him at Geraldine, which he hadn’t raced at for many years, and there was a nice race on the 4th of December he would like to drive him in. Mr DeFilippi made no application for deferment wishing to start any suspension immediately.

REASON FOR PENALTY:

The Committee adopted the 25 drive starting point provided in Guidelines.

Mr DeFilippi has articulated many reasons for his breach of the Rules and his views on the Penalty Guidelines. What is absent are the relevant aggravating features of his positioning his horse at the start in the passing lane, taking advantage of it, and the consequences of his horse being disqualified from the race.

The Committee, taking into account all factors, considers a 6 meeting suspension as appropriate in this case.

CONCLUSIONS:

Mr DeFilippi’s license to drive is suspended from the close of racing today up to and including racing on the 8th December 2021.