NZ Metro TC 25 August 2023 – R10 – Colin DeFilippi

BACKGROUND:

Following the running of Race 10, Gold Band Taxis Mobile Pace, Open Driver, Colin DeFilippi, admitted a breach that, as the Driver of CHOCO LOU in the race, he shifted outwards near the 1500 metres forcing MCCRIKEY (Ben Hope) wider on the track.

Rule 869(4) provides:

(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

(6) Subject to sub-rule (4) hereof:-

(b) a horse during any race shall not be forced to race wider on the track;

(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past. 

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the incident with approximately 1500 metres to run. He pointed out CHOCO LOU, driven by the Respondent, racing three places back on the markers as the field approached the turn into the straight. MCCRIKEY, driven by Ben Hope, was racing in the parked position, as MIKI BENNETT (Tim Williams) improved to lead.

Mr Renault then pointed out that the Respondent moved off the markers into the one-out line. In the meantime, Mr Hope had improved to be outside the wheel of the Respondent and, when the Respondent shifted out, was forced to race 3-wide for a short distance, before settling onto the back of the Respondent’s runner. The Respondent could be seen to look to his outside before shifting out.

The Respondent said that he had called to Mr Hope that he would come out and give him cover. Mr Hope then pulled back, he said. He was unaware that the Rule had changed recently.

DECISON:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent had been acting under a misapprehension of the former Rule.  The horse forced wider need no longer be going forward, he said.

The Respondent has had 95 drives in the current season and has a clear record under the Rule. The Penalty Guide starting point is a fine of $200. Mr Hope was not disadvantaged in the incident and, in fact, got a better run but the Respondent had obtained a run/position that he was not entitled to, Mr Renault said.

Mr Renault said that, for consistency, a fine of $200 should be imposed.

The Respondent declined the opportunity to comment.

REASONS FOR PENALTY:

The Adjudicative Committee noted the starting point for penalty in the RIB Harness Racing Penalty Guide for a first offence of a $200 fine.

There were no aggravating factors. The Adjudicative Committee does not believe that Mr Hope was affected and the Respondent, after racing without cover for 200-300 metres before getting the one-one, eventually finishing 6th, did not gain any advantage. Although the Respondent has a clear record and admitted the breach (normally mitigating factors), the Adjudicative Committee is satisfied that the penalty should be not less than the Penalty Guide starting point of a $200 fine.

CONCLUSION:

The Respondent, Open Driver Colin DeFilippi, is fined $200.