Banks Peninsula TC 8 January 2023 – R3 – Colin DeFilippi

ID: RIB13874

Respondent(s):
Colin DeFilippi - Driver

Applicant:
Shane Renault, Stipendiary Steward

Adjudicators:
Mr Russell McKenzie

Persons Present:
Mr Renault, Mr DeFilippi

Information Number:
A21044

Decision Type:
Race Related Charge

Charge:
Using whip in more than a wrist only flicking motion

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
BEAUDINE QUICK STEP

Code:
Harness

Race Date:
08/01/2023

Race Club:
Banks Peninsula Trotting Club

Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672

Race Number:
R3

Hearing Date:
08/01/2023

Hearing Location:
Motukarara Raceway

Outcome: Proved

Penalty: Open Driver, Colin DeFilippi, suspended for 3 days

Following the running of Race 3, Chris Jones – Bayleys Real Estate Pace, the Respondent Driver, Colin DeFilippi, as the Driver of BEAUDIENE QUICK STEP in the race, admitted a charge of using his whip in more than 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.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the final 350 metres of the race. He pointed out BEAUDIENE QUICK STEP, driven by the Respondent, racing 3-places back on the outside as the field neared the home straight. Entering the home straight, the Respondent activated gear early in the run home at about the 350 metres, and commenced to use his whip, doing so in more than a wrist only flicking motion, on approximately five occasions, Mr Renault said.

The Respondent did not wish to comment.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Shane Renault, said that the Respondent has a previous breach of the Whip Rules at the Kaikoura TC meeting on 31 October 2022 – suspended 3 days for using the whip in more than a wrist only flicking motion.  He had 155 drives in the season just completed. The starting point for a second breach is a 3-5 day suspension, Mr Renault said.  The breach was low-level, he submitted. A 3-days suspension is appropriate, Mr Renault submitted.

The Respondent did not seek a deferment.

REASONS FOR PENALTY:

The Adjudicative Committee found that this breach was low-level as defined in the Penalty Guide, that is to say – “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”.

For a second offence, low-level breach, the penalty starting point is a 3-5 day suspension. There are no relevant aggravating or mitigating factors to consider.

CONCLUSION:

The Respondent Driver, Colin DeFilippi, is suspended for 3 days, commencing on 9 January 2023 and ending after 17 January 2023.

 

Decision Date: 08/01/2023

Publish Date: 12/01/2023