NZ Metro TC 30 June 2024 – R7 – Colin DeFilippi

BACKGROUND:

Following the running of Race 7, Fearless & Christine Smith Love Their Racing Mobile Pace, Open Driver, Colin DeFilippi, denied a breach of the Whip Rules in that, as the Driver of HIT THE BEACH 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:

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.

3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the final 200-300 metres of the race. He pointed out HIT THE BEACH, driven by the Respondent, racing one off the markers and behind midfield as the field neared the home turn.

Mr Renault said that Stewards were alleging that the Respondent had used his whip in more than a wrist only flicking motion in the run home. He showed on the video replay, that the Respondent activated gear, followed by three strikes, a push, then two more strikes, a pause, and finally two more strikes. From that point, the whip use was compliant, Mr Renault said. Prior to that, the Respondent’s whip use had involved an elbow action generating too much force.

The Respondent asked the Adjudicative Committee to observe the whip actions of other Drivers. The Adjudicative Committee pointed out that it was not concerned with the actions of other Drivers. The Respondent argued that none of his alleged offending strikes involved raising the forearm beyond 45 degrees. It was pointed out to him by the Adjudicative Committee that such matter is only one aspect of whip use involving more than a wrist only flicking motion. Mr Renault was asked to read to the hearing clause 3.2 in the Regulations.

The Respondent then explained his actions by saying that he was 5-places back on the markers at one stage and denied a run until late and he wanted to give the horse a chance of getting some money.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Adjudicative Committee was satisfied that this was a clear case of using the whip in more than a wrist only flicking motion. The video replays clearly show that the Respondent has used his elbow and shoulder. He has been able to generate force by using his elbow and shoulder when applying the whip, which is not permitted in terms of clause 3.2.1 of the Regulations (see above)

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 60 drives this season. He has a clear record over the relevant 2 months period. He received a warning for using his whip in more than a wrist only flicking motion one week ago, on 23 July 2024, and hence this charge, Mr Renault said.

Mr Renault said the breach was medium-level. He referred to the Penalty Guide starting point for a medium-level, first breach – a $500 fine or a 2-days suspension. That was the Stewards’ submission in this case, he said.

The Respondent indicated that he would prefer a term of suspension, and sought a deferment of any suspension until after the meeting of NZ Metropolitan TC on 5 July next.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 2-days suspension for either a low-level or medium-level, first breach. With the Respondent asking the Adjudicative Committee to consider a suspension rather than a fine, it is not necessary for the Adjudicative Committee to determine whether the breach on this occasion was low-level or medium-level. The starting point is a 2-days suspension in either case. The Adjudicative Committee accepts that this particular breach is somewhere below medium-level. The number of offending strikes was not excessive, they were broken up and not delivered with any particular amount of force.

There are no relevant aggravating or mitigating factors to warrant a departure from that Penalty Guide starting point of a 2-days suspension.

CONCLUSION:

The Respondent’s application for a deferment of suspension is granted.

Open Driver, Colin DeFilippi, is suspended from after the close of racing on 5 July 2024, up to and including 12 July 2024 – 2 days.