Rangiora HRC 5 November 2021 – R8 – Colin DeFilippi

SUMMARY OF FACTS:

Following the running of Race 8 Stipendiary Steward Mr Paul Williams presented an Information alleging a breach of Rule 857(7)(a) by Driver Mr C DeFilippi which was denied.

EVIDENCE:

Mr Williams, with the assistance of Stipendiary Steward Mr Shane Renault, played the replay of the start of the race and identified Mr DeFilippi, ARCHAIC LUSTRE who had drawn 9 on the front line. He pointed to Mr DeFilippi, as the field was in formation and approaching the barrier strand, run up to the barrier, burst through it and this he said caused a lengthy delay.

Mr DeFilippi used the video to demonstrate to the Committee that the field was as close as it could have ever been to a start as he approached the tape. He said he heard the Starter say something and thought the race was on. He said once he realised the barrier hadn’t gone he was unable to stop his horse.

Mr DeFilippi stated ARCHAIC LUSTRE had a change of Trainer and wasn’t his usual self. He said he wished to call Mr John Dunn to give evidence to support his assessment that the horse was fizzed up.

Mr Dunn stated after the race had pulled up he could see Mr DeFilippi was battling with ARCHAIC LUSTRE and told him to follow his horse back to the birdcage but in the end, this help wasn’t required.

Mr DeFilippi asked for the audio from the start to be played. He said he was unsure what he had heard from the Starter as he is hard of hearing and wears hearing aids. He added he doesn’t wear them at the races. After a delay, Mr Renault was able to source the audio of the start and played it to the hearing.

REASON FOR DECISION:

The Committee carefully considered all evidence presented.

Mr DeFilippi’s defence of the charge partly focussed on ARCHAIC LUSTRE being unruly but at the subsequent start, after the delay, the Committee noted the horse stood correctly in position and began normally.

Mr DeFilippi’s problem of not hearing well is not a legitimate excuse although somewhat relevant after hearing the audio of the start played by Mr Renault revealed the Starter Mr Ricky Donnelly yelling whoa whoa whoa.

Mr DeFilippi has stated he assessed the field was as ready to be let go as it was ever going to be when approaching the barrier and at the same point thought he had heard the Starter initiating a start. The Committee observed Mr DeFilippi at this juncture give his horse its head. The combination of the above was in essence Mr DeFilippi anticipating the start, the consequences of which have delayed the start and the Committee find the charge proved.

SUBMISSION FOR PENALTY:

Mr Williams alluded to the Penalty Guidelines which provide a 6 drive suspension or a $300 fine starting point. He said the Stewards consider a fine as an appropriate Penalty in this case.

Mr DeFilippi made no submissions on Penalty.

REASON FOR PENALTY:

Without any significant aggravating or mitigating factors the Committee find a Penalty of a $300 fine as an appropriate sanction for this breach.

CONCLUSIONS:

Mr DeFilippi is fined $300.