NZ Metro TC 28 April 2023 – R8 (heard 30 April 2023 at Rangiora) – Colin DeFilippi

BACKGROUND:

Following the running of Race 8, Woodlands Stud – First Autumn Mares Sprint Mobile Pace, Open Driver Colin DeFilippi denied a charge that, as the Driver of KIKORANGI BLUE in the race, he shifted ground shortly after the start crowding an inside runner (DANCE TILL DAWN driven by Tim Williams).

Rule 869 provides:

(3) No driver in any race shall drive:

    (b)  carelessly.

Information No. A20966 was filed with the Adjudicative Committee on race night and the charge was heard at the meeting of Rangiora HRC at Rangiora Raceway on 30 April 2023.

EVIDENCE:

Stipendiary Steward, Paul Williams, pointed out the two runners on two available video replays of the first 200-300 metres of the 1980 metres mobile start race. KIKORANGI BLUE, driven by the Respondent, had drawn barrier position 3, and DANCE TILL DAWN, driven by Mr Williams, had drawn the inside barrier 1.

It was the allegation of Stewards that the Respondent has come down and crossed when not clear, “squeezing” Mr Williams and forcing him to take a hold of his runner, Mr Williams said. He pointed out that Mr Williams was urging his horse with the whip, before being forced to restrain.

Driver, Tim Williams, said that he had seen the Respondent look down and could see that he was going to lead, so he elected to pull back and take a trail. KIKORANGI BLUE was the favourite for the race, therefore, it was the horse to follow. He believed that he had his chance in the race from that point. The Respondent was not clear when he crossed, but he was “all but”.

The Respondent said that his mare, with which he was familiar, has sped out of the gate. She had crossed ANGEL OF MONTANA (Ricky May), drawn 2, easily and, after 100 metres, she had shortened stride. She had brushed her knee as she got her head round and he was all but past Mr Williams. He accepted that he had cut Mr Williams “a wee bit short” but Mr Williams was capable of “knowing what’s what”. His mare had paced roughly and gone in and, but for that, he would have cleared Mr Williams’ runner easily, he said. He had a good hold and, at the same time, was flicking her with the whip to go forward.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Respondent has crossed shortly after the start from barrier position 3 at the 1980 metres mobile start. Mr Williams was looking to hold his position with DANCE TILL DAWN, having drawn the pole position.

The Respondent has then shifted across to such an extent that Mr Williams’ runner has been clearly crowded, as alleged in the Information, and forced against the markers. It appeared that Mr Williams was keen to lead from the inside barrier.

Mr Williams has been able to, skilfully, extricate his runner from the tight spot. The head-on video replay clearly showed the extent of the tightening.

The Respondent’s runner may have put in a couple of rough strides, although that was not obvious from the video replays. However, it was his obligation to leave himself sufficient room when changing ground, and he has failed to do so on this occasion

The Adjudicative Committee finds that the Respondent has misjudged his inwards movement and crowded or tightened Mr Williams and, in doing so, has driven carelessly.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Paul Williams, said that the Respondent has had 68 drives to date in the current season and, last season, had 155 drives. He received a warning on 20 April last at Addington for a similar offence.

The Respondent’s record for careless driving is clear. The starting point for penalty for a mid-range breach is a 3-days suspension. Stewards saw the breach as being mid-range, and a suspension for a period of 3 days would be an appropriate penalty, Mr Williams said.

The Respondent said that he has good drives confirmed for next Friday, 5^th May and wished to defer any suspension until after that date

REASONS FOR PENALTY:

The Adjudicative Committee finds the breach to be low-level, rather than mid-range. The interference to Mr Williams’ runner had no obvious consequences, other that Mr Williams was denied the opportunity to hold the lead if, indeed, that was his intention. Mr Williams said that his mare had had her chance thereafter. It was a misjudgement on the part of the Respondent.

The RIB Harness Racing Penalty Guide (February 2023) suggests a starting point of a 3-days suspension for a mid-level breach. For a low-level breach, which this is, a 2-days suspension is appropriate. Such a penalty also allows for the Respondent’s previous good record.

CONCLUSION:

The Respondent’s request for a deferment is granted.

Respondent, Open Driver, Colin DeFilippi, is suspended from after racing concludes on Friday, 5 May 2023, up to and including Friday, 12 May – 2 days.