NZ Metro TC 6 December 2024 – R5 – Colin DeFilippi

ID: RIB49095

Respondent(s):
Colin John Defilippi - Driver

Applicant:
Mr Nigel McIntyre - Chief Stipendiary Steward

Adjudicators:
Dave Anderson (Chair), Russell McKenzie

Persons Present:
Mr M Sole, Mr S Renault, Mr Williams, Mr McIntyre - Stipendiary Stewards and Mr DeFilippi

Information Number:
A20797

Decision Type:
Race Related Charge

Charge:
Failing to maintain his position behind the mobile gate

Rule(s):
858(1)(i) - Riding/driving infringement - Start procedure

Plea:
Not Admitted

Animal Name:
OLIVER

Code:
Harness

Race Date:
06/12/2024

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:
R5

Hearing Date:
06/12/2024

Hearing Location:
Addington Raceway, Christchurch

Outcome: Not Proved

Penalty: N/A

EVIDENCE:

Following the running of Race 5, Chief Stipendiary Steward Mr Nigel McIntyre presented an Information alleging a breach of Rule 858(1)(i) by Driver Mr Colin DeFilippi.

Mr DeFilippi stated he understood the Charge, was conversant with the Rule, and confirmed he did not admit the breach.

858(1) A driver must not: –

  • Fail to maintain his or her position.

Mr McIntyre played the videos of the prestart to identify Mr DeFilippi (OLIVER) drawn the outside of the mobile barrier. He showed Mr DeFilippi on the gate as the score up began, but when the mobile gathered speed approaching the start, pointed to Mr DeFilippi approximately 3 lengths off the gate.

Mr McIntyre said it was the Stewards’ opinion Mr DeFilippi made no effort to maintain his position and therefore in breach of the Rule.

Mr DeFilippi said the mobile gate, at the commencement of the score up, was very slow and when the body of the field came to the gate it accelerated too quickly, and he said he could simply not keep up. He said his horse was having only its second start from a mobile and it was at full speed turning into the straight leading up to the start and he couldn’t do any more.

REASONS FOR DECISION:

This Rule engages the Driver to be on the mobile gate at the “candy pole”.

The Adjudicative Committee agrees there was an unusually slow score up and then an acceleration, OLIVER was unable to follow or maintain his position.

The Adjudicative Committee finds Mr DeFilippi’s explanation has some merit. It is understandable for Mr DeFilippi to be cautious at chasing the gate from his outside draw at top speed.

The Adjudicative Committee acknowledges Mr DeFilippi is technically in breach of the Rule, however on this occasion, it considers he deserves the benefit of doubt and dismisses the Charge.

CONCLUSION:

The Charge is dismissed.

Decision Date: 06/12/2024

Publish Date: 10/12/2024