NZ Metro TC 13 July 2023 – R9 – Colin DeFilippi

Summary of Facts:

Following the running of Race 9,  the Respondent Colin De Filippi, admitted a breach of Whip Rule 869(2) and the Whip & Rein Regulations.

The particulars of the charge are that when driving HIT THE BEACH, he used the whip with more than a wrist flicking motion in the run home.

Rule 869 provides that:

(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.

Regulation 3.1 reads as follows;

3. USE OF THE WHIP

 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.

Chief Stipendiary Steward Nigel McIntyre, with the assistance of Stipendiary Steward Shane Renault, used available video footage to demonstrate the breach. Mr Renault pointed out Mr DeFilippi draw his whip, and use it with more than a flicking motion on 5 to 6 occasions over the final stages of the race.

Mr DeFilippi initially denied the allegation, but during the hearing, elected to change his plea to admitted.

In response, the Respondent stated that the horse needed a lot of encouragement, but conceded that his action was not adhering to the Whip and Rein Regulations as required.

Decision:

As Mr DeFilippi has admitted the breach, the charge is therefore found proved.

Submission For Penalty:

Mr McIntyre stated that Mr DeFilippi had 2 previous breaches being, 31 March 2023 at Addington – 4 day suspension and 5 May 2023 – 5 day suspension. He stated that this breach was mid level and with the Penalty Guide providing a 4 day starting point for a second breach, this breach being Mr DeFilippi’s 3rd breach since 31 March 2023, submitted that an uplift was warranted and a fine in addition be considered as penalty in this case.

The Respondent elected to make no submissions in regard to penalty. Deferment of penalty was not an option to Mr DeFilippi, as there were no Canterbury meetings in the next 7 days.

 Reasons For Penalty:

The Adjudicative Committee agreed with the Stewards that this breach was mid range.

The Penalty Guide provides for a 2nd mid-level breach of this Rule, a 4 day starting point. This, being Mr DeFilippi’s 3rd breach since the end of March, warrants an uplift for this aggravating factor. This uplift was set at 1 day.

Having considered all factors, the Adjudicative Committee deemed a fine in addition to a suspension, was appropriate in this case. That fine was set at $200.

The Adjudicative Committee therefore determined that a 5 day suspension and a fine of $200 be imposed.

Conclusion:

The Respondent is suspended for 5 days, from the conclusion of racing 16 July 2023, up to and including 4 August 2023. Meetings encompassed in this period are Addington meetings on 21 July, 23 July, 27 July, 30 July and 4 August 2023. In addition, Mr De Filippi is fined the sum of $200.