NZ Metro TC 25 March 2022 – R8 – Colin DeFilippi

SUMMARY OF FACTS:

Following the running of Race 8, The Box Seat Mobile Pace, the Respondent Driver, Colin DeFilippi, admitted a breach of Rule 869(2). The particulars of the charge are that Mr DeFilippi, as the Driver of TERROR MARIA in the race, used his whip free of the rein on one occasion in the home straight and then with more than a wrist flicking motion.

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.

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 involve the shoulder.

Manager of Stewards, Nigel McIntyre, used available video footage to demonstrate the breach. Stipendiary Steward, Paul Williams, pointed out TERROR MARIA, driven by the Respondent, racing three places back on the markers as the field entered the final straight, before taking a run to the inside of  MIDFREW LUISIANABEAU, which had been in the trail. Mr DeFilippi then activated the removeable deafeners and used his whip in a striking motion while his hand was still free of the rein. Mr DeFilippi then used his whip on two further occasions engaging the elbow and in more than a wrist only flicking motion, Mr McIntyre said.

The Respondent said that the leader was “just holding his own” at the top of the straight, making it late for him to get a clear run. At that stage he was still to activate the deafeners and sliding blinds. He had pulled the plugs and, as he did so, he turned his whip and struck his horse before regaining the rein, he said.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Manager of Stewards, Mr McIntyre, said that the Respondent had one breach of the Whip Rules on his record – fined $200 on 19 December 2021 at Rangiora for using whip free of the rein (48 drives ago). In the current season (from 1 January 2022), he has had 44 drives and, in the 2020/2021 season, had 253 drives. He is a Senior, very experienced Driver, Mr McIntyre said.

Stewards were seeking a 3-days suspension, Mr McIntyre said.

After a brief discussion, the Respondent indicated that he wished to have a 7-days deferment. He had three of his own horses racing at the Premier Meeting on 1 April, he said.

REASONS FOR PENALTY:

After considering the submissions of both parties and viewing the video replay, the Adjudicative Committee assessed the breach as low-level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective action to return to a compliant style. The Penalty Guide provides for a fine ($200-$400) for a low-level first offence. However,  this is a second offence for which the Penalty Guide starting point is a 3-5 days suspension.

The breach is low-level and there are no relevant aggravating or mitigating factors. A term of suspension at the lower end of the range for a second offence (3-5 days suspension) is appropriate and Mr McIntyre has submitted for a 3-days suspension. Having considered all factors, The Adjudicative Committee deemed a 3-days suspension to be an appropriate penalty.

CONCLUSION:

The Respondent is granted a deferment and is suspended for a period of 3 days commencing on 2 April 2022 and concluding on 10 April 2022. The meetings intended to be included in the period of suspension are Rangiora HRC on 3 April, NZ Metropolitan TC on 8 April and Methven TC on 10 April 2022.