Kaikoura TC 31 October 2022 – R6 – Colin DeFilippi

BACKGROUND:

Following the running of Race 6, Peninsular Beachfront Resort Mobile Pace, Driver Colin DeFilippi admitted a breach of Whip Rule 869(2). The particulars are that, as the Driver of HAPPY PLACE 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:

34.1  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:

Chief Stipendiary Steward, Nigel McIntyre, had Stipendiary Steward, Shane Renault, show a video replay of the final stages of the race. Mr Renault pointed out HAPPY PLACE, driven by the Respondent, racing in the one out-one back position as the field approached the home straight. Shortly after turning for home, the Respondent drew his runner out of the one-one and commenced using his whip.

Mr McIntyre, referring to the video replay, alleged that the Respondent, from that point, had used his whip on 10-12 occasions in more than a wrist only flicking motion to the finishing line.

The Respondent said that he had pleaded guilty. He submitted that his whip action made his whip use look worse than it was.

The Adjudicative Committee noted that HAPPY PLACE had finished in 2nd placing, a long neck from the winner.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre referred to the Respondent’s record under the Whip Rules. On 27 May last, at Addington, he was suspended for 4 days for using his whip in more than a wrist only flicking motion. That was 57 drives ago, Mr McIntyre said. The present breach is, therefore, a second breach for which the penalty starting point is a 3-5 days suspension, he said. Stewards believed that this breach is mid-level, Mr McIntyre said.

The Respondent said that he owns a horse that will be starting in the New Zealand Trotting Cup at Addington on 8 November. He trains the horse and would like to drive him. Any suspension will far outweigh the “crime”, he submitted. He has four horses for nominated for Cup Day and two confirmed outside drives. He asked that the Adjudicative Committee consider his potential loss of earnings. He then requested that he would like more time to consider his position. Finally, he said that he had been having a difficult time with the death of his brother last week.

The Respondent did not seek a deferment of suspension.

REASONS FOR PENALTY:

The Adjudicative Committee noted that the Respondent has had 124 drives in the current season to date and, last season, 253 drives.

The Adjudicative Committee dismissed the Respondent’s application for an adjournment of the penalty hearing. He has admitted the breach and there is nothing more he could say that would be likely to affect the Adjudicative Committee’s penalty decision, which has to involve a suspension. The Respondent is, naturally, keen to drive on Cup Day, and the Adjudicative Committee completely understands that. However, it is important that charges such as this be dealt with expeditiously, and on race day. The case is a simple one, complicated only by the Respondent’s desire to drive on Cup Day.

The breach is the Respondent’s second within the 6-months reset period and a period of suspension must follow. The starting point is  a 3-5 days suspension.

The Adjudicative Committee has decided that a 3-days suspension is appropriate, having regard to the fact that Cup Day is included in that period. The level of the breach is, at least, medium-level and, possibly, high-level. “Medium-level” is defined in the HRNZ Whip Penalty Guide as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”. High-level offending is defined as “when a driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving”. Mr McIntyre alleged that there were 10-12 non-compliant strikes, and the Adjudicative Committee agrees. The Respondent could well have been facing a suspension of 4, possibly 5, days but for the significance of Cup Day.

The Respondent put to the Adjudicative Committee, in his penalty submissions, details of the impact a suspension will have on him. The Adjudicative Committee acknowledges the impact, but a suspension cannot be avoided. No special concession can be made despite the Respondent’s submissions. Any such concession may create a dangerous precedent. A term of suspension is a natural consequence of the Respondent’s breach of the Whip Rules.

CONCLUSION:

The Respondent Driver, Colin DeFilippi, is suspended for a period of 3 days, commencing on 1 November 2022 and concluding on 10 November 2022. The meetings intended to be encompassed by the term of suspension are Rangiora HRC on 4 November, NZ Metropolitan TC on 8 November and Ashburton TC on 10 November 2022.