NZ Metro TC 5 May 2023 – R5 – Colin DeFilippi
ID: RIB18999
Animal Name:
Manhattan
Code:
Harness
Race Date:
05/05/2023
Race Club:
NZ Metropolitan Trotting Club Inc
Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024
Race Number:
R5
Hearing Date:
05/05/2023
Hearing Location:
Addington Raceway, Christchurch
Outcome: Proved
Penalty: Driver, Colin DeFilippi, suspended 5 days
BACKGROUND:
Following the running of Race 5, Rico Lodge – Uncut Gems Mares Classic Mobile Pace (Listed Race), the Respondent Driver, Colin DeFilippi, as the Driver of MANHATTAN in the race, admitted a charge of using his whip in more than 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.
3.2.2. The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.3.3 Not applying the whip with overt force.
EVIDENCE:
Stipendiary Steward, Shane Renault, showed video replays of the final 200-300 metres of the race. He pointed out MANHATTAN, driven by the Respondent, racing in the one-one position as the field neared the home turn. The Respondent then switched to an inside run and, from that point, Mr Renault alleged, he used his whip on a total of six occasions in more than a wrist only flicking motion. The Respondent did revert to a compliant style for a distance during those six strikes. The breach was low-level, Mr Renault said. The Adjudicative Committee noted that MANHATTAN finished in 2nd placing.
The Respondent did not wish to comment.
DECISION:
The charge is admitted and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Renault said that the Respondent has had 70 drives in the current season and, in the 2022 season, had a total of 255 drives. He has two previous breaches on his record – at Banks Peninsula on 8 January 2023 (suspended 3 days) and at Addington on 31 March (suspended 4 days), both for using his whip in more than a wrist only flicking motion.
Mr Renault referred to the Penalty Guide, which suggested a “Starting Point – 1st breach” in a Listed Race of a 3-days suspension. That was notwithstanding the previous breaches, Mr Renault said, and he said that Stewards were seeking a 3-days suspension accordingly.
The Respondent had no submission to make in relation to penalty.
REASONS FOR PENALTY:
The RIB Harness Racing Penalty Guide (February 2023), starting point for a first breach in a Listed Race is a 3-days suspension. For a 2nd breach, the starting point is expressed as a 5-days suspension. The Adjudicative Committee takes that to mean that any previous breach is to be taken into account, and not just a previous breach in another Listed Race. To interpret it any other way, would lead to the ridiculous situation that the Respondent’s two previous breaches are to be ignored in determining penalty for this breach in a Listed Race.
On that basis, the Adjudicative Committee takes a starting point for this, a 3rd breach, of a 5-days suspension. There are no aggravating or mitigating factors to be considered.
The Adjudicative Committee noted that the Respondent has a term of suspension commencing after tonight’s meeting and concluding on 12 May next.
CONCLUSION:
The Respondent, Driver Colin DeFilippi, is suspended from after racing on 12 May 2023 up to and including 28 May 2023 – 5 days.
Decision Date: 05/05/2023
Publish Date: 08/05/2023