NZ Metro TC - 8 July 2010 - R 4

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr NR Escott Chief Stipendiary Steward

Defendant:  C J De Fillipi

Information No:  68831

Meeting:  New Zealand Metropolitan Trotting Club

Date:  8 July 2010

Venue:  Addington Raceway

Race:  4

Rule No:  869(3)(b)

Judicial Committee:  KG Hales, Chairman - RG McKenzie, Committee Member

Plea:  Admitted

FACTS

As a result of an incident in Race 4 at the New Zealand Metropolitan Trotting Club’s meeting on Thursday 8 July, Mr C J De Fillipi, Licensed Horseman, was charged with careless driving pursuant to Rule 869(3)(b).

Mr De Fillipi was not present at the hearing, but indicated, by signing the information, that he admitted the charge, which is therefore deemed to be proved.

Rule 869(3)(b) reads as follows:

(3)        No horseman in any race shall drive: - (b) -   carelessly”.

The information alleged that Mr CJ De Fillipi (“Minty Mellow”) shifted down on to “Dreamona’s Lady” (B Orange) which in turn checked “Will Play” (C McDowell).

After approximately 400 metres from the start, Mr De Fillipi, driving ‘Minty Mellow” was racing in the parked position.  There was a gap between the leading horse and the horse in the trail namely “Dreamona’s Lady”, which gap Mr De Fillipi attempted to move into.  Clearly, there was insufficient room, and as a result, he restricted the line of “Dreamona's Lady”.  This caused “Dreamona's Lady” to shift further inwards on to a pylon, and as a consequence, “Dreamona's Lady” broke its gait for a stride.  However, this caused a chain reaction.  “Will Play” was following in close proximity, and as a consequence of the check to “Dreamona's Lady”, “Will Play” broke from its gait and then proceeded to lose all chances in the race.

The consequence of “Will Play” losing all its chances was that a protest was filed which protest was upheld.  Mr De Fillipi's horse was disqualified in the protest hearing.

SUBMISSIONS ON PENALTY

Mr Escott advised the hearing that Mr De Fillipi has not been charged for this offence in the current season.  He has driven some 437 horses in that period. 

He did ask us to take into account that there had been a disqualification, as a consequence of the interference caused by him.  However, in the circumstances, he submitted that fine of $350 should be imposed. 

PENALTY AND REASONS

After taking all matters into account, this committee considers that the submission for a fine of $350 is appropriate.  It is in line with fines that have been imposed for similar breaches of this Rule during the past harness racing season. 

PENALTY

Mr De Fillipi is fined $350.

K Hales                        R McKenzie

Chairman                     Committee Member

68986