LongOwner Posted November 5, 2022 Share Posted November 5, 2022 l How can a special treatment driver charged with the same offence but not actioned at Kaikoura have his hearing on Friday and so drives cup day . He had time in his driving program to have on day hearing but he is part of the protected family who can do no wrong in the stipes eyes. The stipes and clone judge jury prosecutor they internally appoint have no empathy , justice, compassion in body and come across as gruppy old atheists - maybe they not atheists as the Mormon suit is their uniform. This may see, at last, the structure of the RIB changed for the good and the dead body mover maybe restructured . Quote Link to comment Share on other sites More sharing options...
Brodie Posted November 6, 2022 Share Posted November 6, 2022 8 hours ago, LongOwner said: l How can a special treatment driver charged with the same offence but not actioned at Kaikoura have his hearing on Friday and so drives cup day . He had time in his driving program to have on day hearing but he is part of the protected family who can do no wrong in the stipes eyes. The stipes and clone judge jury prosecutor they internally appoint have no empathy , justice, compassion in body and come across as gruppy old atheists - maybe they not atheists as the Mormon suit is their uniform. This may see, at last, the structure of the RIB changed for the good and the dead body mover maybe restructured . LongOwner, gone thru to the keeper! What is this about? Quote Link to comment Share on other sites More sharing options...
Rangatira Posted November 6, 2022 Share Posted November 6, 2022 1 hour ago, Brodie said: LongOwner, gone thru to the keeper! What is this about? Kaikoura Race 6 (31st October) HAPPY PLACE - driver C DeFilippi admitted a charge under Rule 869(2) and the Whip and Rein Regulations for using his whip with more than a wrist flicking motion in the run home. After viewing the replays and hearing penalty submissions, the Adjudicative Committee suspended Mr DeFilippi's driver's licence from the conclusion of racing today up to and including 10 November 2022 (3 days). Quote Link to comment Share on other sites More sharing options...
Rangatira Posted November 6, 2022 Share Posted November 6, 2022 Kaikoura TC 31 October 2022 – R6 – Colin DeFilippi ID: RIB12064 Respondent(s): Colin DeFilippi - Driver Applicant: Nigel McIntyre, Chief Stipendiary Steward Adjudicators: Russell McKenzie (Chair) and Dave Anderson Information Number: A21308 Decision Type: Adjudicative Decision Charge: Using whip in more than a wrist only flicking motion Rule(s): 869(2) and Whip and Rein Regulations Plea: Admitted Stewards Report Results Animal Name: Happy Place Code: Harness Race Date: 31/10/2022 Race Club: Kaikoura Trotting Club Race Location: Kaikoura Racecourse - , , Race Number: R6 Hearing Date: 31/10/2022 Hearing Location: South Bay Racecourse, Kaikoura Outcome: Proved Penalty: Driver, Colin DeFilippi, suspended 3 days BACKGROUND: Following the running of Race 6, Peninsular Beachfront Resort Mobile Pace, Driver Colin DeFilippi admitted a breach of Whip Rule 869(2). The particulars are that, as the Driver of HAPPY PLACE 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: 34.1 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. EVIDENCE: Chief Stipendiary Steward, Nigel McIntyre, had Stipendiary Steward, Shane Renault, show a video replay of the final stages of the race. Mr Renault pointed out HAPPY PLACE, driven by the Respondent, racing in the one out-one back position as the field approached the home straight. Shortly after turning for home, the Respondent drew his runner out of the one-one and commenced using his whip. Mr McIntyre, referring to the video replay, alleged that the Respondent, from that point, had used his whip on 10-12 occasions in more than a wrist only flicking motion to the finishing line. The Respondent said that he had pleaded guilty. He submitted that his whip action made his whip use look worse than it was. The Adjudicative Committee noted that HAPPY PLACE had finished in 2nd placing, a long neck from the winner. DECISION: The charge is admitted and therefore proved. SUBMISSIONS FOR PENALTY: Mr McIntyre referred to the Respondent’s record under the Whip Rules. On 27 May last, at Addington, he was suspended for 4 days for using his whip in more than a wrist only flicking motion. That was 57 drives ago, Mr McIntyre said. The present breach is, therefore, a second breach for which the penalty starting point is a 3-5 days suspension, he said. Stewards believed that this breach is mid-level, Mr McIntyre said. The Respondent said that he owns a horse that will be starting in the New Zealand Trotting Cup at Addington on 8 November. He trains the horse and would like to drive him. Any suspension will far outweigh the “crime”, he submitted. He has four horses for nominated for Cup Day and two confirmed outside drives. He asked that the Adjudicative Committee consider his potential loss of earnings. He then requested that he would like more time to consider his position. Finally, he said that he had been having a difficult time with the death of his brother last week. The Respondent did not seek a deferment of suspension. REASONS FOR PENALTY: The Adjudicative Committee noted that the Respondent has had 124 drives in the current season to date and, last season, 253 drives. The Adjudicative Committee dismissed the Respondent’s application for an adjournment of the penalty hearing. He has admitted the breach and there is nothing more he could say that would be likely to affect the Adjudicative Committee’s penalty decision, which has to involve a suspension. The Respondent is, naturally, keen to drive on Cup Day, and the Adjudicative Committee completely understands that. However, it is important that charges such as this be dealt with expeditiously, and on race day. The case is a simple one, complicated only by the Respondent’s desire to drive on Cup Day. The breach is the Respondent’s second within the 6-months reset period and a period of suspension must follow. The starting point is a 3-5 days suspension. The Adjudicative Committee has decided that a 3-days suspension is appropriate, having regard to the fact that Cup Day is included in that period. The level of the breach is, at least, medium-level and, possibly, high-level. “Medium-level” is defined in the HRNZ Whip Penalty Guide as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”. High-level offending is defined as “when a driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving”. Mr McIntyre alleged that there were 10-12 non-compliant strikes, and the Adjudicative Committee agrees. The Respondent could well have been facing a suspension of 4, possibly 5, days but for the significance of Cup Day. The Respondent put to the Adjudicative Committee, in his penalty submissions, details of the impact a suspension will have on him. The Adjudicative Committee acknowledges the impact, but a suspension cannot be avoided. No special concession can be made despite the Respondent’s submissions. Any such concession may create a dangerous precedent. A term of suspension is a natural consequence of the Respondent’s breach of the Whip Rules. CONCLUSION: The Respondent Driver, Colin DeFilippi, is suspended for a period of 3 days, commencing on 1 November 2022 and concluding on 10 November 2022. The meetings intended to be encompassed by the term of suspension are Rangiora HRC on 4 November, NZ Metropolitan TC on 8 November and Ashburton TC on 10 November 2022. Decision Date: 31/10/2022 Publish Date: 01/11/2022 Quote Link to comment Share on other sites More sharing options...
Rangatira Posted November 6, 2022 Share Posted November 6, 2022 From Stuff (Not Marty or Samuel) after yesterdays appeal hearing Veteran driver denied last chance at NZ Trotting Cup over whipping infringement A popular veteran driver has been denied the chance to race a horse he bred and trained in what was going to be his last drive in the New Zealand Trotting Cup. An emotional Colin DeFilippi appeared before the Racing Integrity Board (RIB) on Saturday to appeal the decision to suspend him from racing from November 1 until November 10 after a whip infringement. DeFilippi was charged with using his whip with more than a wrist-flicking motion while piloting the horse Happy Place in Kaikōura last Monday. Chief stipendiary steward Nigel McIntyre said DeFilippi used his whip 10 to 12 times in the last phase of the race. However, appeal judges said “there was no suggestion” that DeFilippi drives in a manner that “abuses any welfare issues” even though they would not let him race. Under new whip rules that were introduced in 2020 drivers must not use a whip excessively and can only apply the whip in a wrist-only flicking motion that does not engage with the shoulder of the horse. Defilippi doesn’t deny he’s fallen foul of the rule for the second time in six months, but pleaded with the appeal board to allow him to serve his suspension after the New Zealand Trotting Cup on Tuesday. He was denied. He has been a passionate driver and breeder of horses for 48 years and his lifetime of racing came down to this year's New Zealand Trotting Cup where he believed his own horse, Heza Sport, had a real chance of winning. The refusal to defer the suspension has come at the same time as he buried his brother Mike last week – a fellow harness racing stalwart. DeFilippi has been supported by the wider harness racing community. He has even had drivers saying they will refuse to drive on Tuesday. A stunned DeFilippi referred to what he termed as the inconsistencies of the RIB. Through his lawyer he raised a previous finding from the RIB that allowed Natalie Rasmussen to be fined $1000 for excessive use of the whip rather than be suspended. In response the appeal board said rules were different when Rasmussen’s complaint was heard. They said the ruling was under “different parameters” when rules required whip strokes above 10 needed to be assessed. Under that system, Rasmussen would have been penalised on one stroke. Afterwards an emotional DeFilippi was angry at what might have been. “I trained and put f...ing hours into him. It’s a joke.” Quote Link to comment Share on other sites More sharing options...
Brodie Posted November 6, 2022 Share Posted November 6, 2022 (edited) 4 hours ago, Rangatira said: From Stuff (Not Marty or Samuel) after yesterdays appeal hearing Veteran driver denied last chance at NZ Trotting Cup over whipping infringement A popular veteran driver has been denied the chance to race a horse he bred and trained in what was going to be his last drive in the New Zealand Trotting Cup. An emotional Colin DeFilippi appeared before the Racing Integrity Board (RIB) on Saturday to appeal the decision to suspend him from racing from November 1 until November 10 after a whip infringement. DeFilippi was charged with using his whip with more than a wrist-flicking motion while piloting the horse Happy Place in Kaikōura last Monday. Chief stipendiary steward Nigel McIntyre said DeFilippi used his whip 10 to 12 times in the last phase of the race. However, appeal judges said “there was no suggestion” that DeFilippi drives in a manner that “abuses any welfare issues” even though they would not let him race. Under new whip rules that were introduced in 2020 drivers must not use a whip excessively and can only apply the whip in a wrist-only flicking motion that does not engage with the shoulder of the horse. Defilippi doesn’t deny he’s fallen foul of the rule for the second time in six months, but pleaded with the appeal board to allow him to serve his suspension after the New Zealand Trotting Cup on Tuesday. He was denied. He has been a passionate driver and breeder of horses for 48 years and his lifetime of racing came down to this year's New Zealand Trotting Cup where he believed his own horse, Heza Sport, had a real chance of winning. The refusal to defer the suspension has come at the same time as he buried his brother Mike last week – a fellow harness racing stalwart. DeFilippi has been supported by the wider harness racing community. He has even had drivers saying they will refuse to drive on Tuesday. A stunned DeFilippi referred to what he termed as the inconsistencies of the RIB. Through his lawyer he raised a previous finding from the RIB that allowed Natalie Rasmussen to be fined $1000 for excessive use of the whip rather than be suspended. In response the appeal board said rules were different when Rasmussen’s complaint was heard. They said the ruling was under “different parameters” when rules required whip strokes above 10 needed to be assessed. Under that system, Rasmussen would have been penalised on one stroke. Afterwards an emotional DeFilippi was angry at what might have been. “I trained and put f...ing hours into him. It’s a joke.” The Harness Racing Officialdom comprises of a bunch of EFFWITS!!! The whip rule is an absolute ass and needs to be GONE!! FFS what the hell is wrong with HRNZ and Racing Non Integrity????? CJ Ce Fillippi has devoted his life to harness raciNg and has had his ups and downs! One of the nicest blokes in the industry and qualifies a horse for the Cup and this incompetent effwits want to destroy him due to a horrific pathetic rule. The drivers at the cup meeting if they had any BALLS should be in support of Colin De fillippi and tell HRNZ to stick it up their date, we are not driving! Obviously they wont do this because they keep allowing the RIU to get away with BS for many years now! They are incompetent and they continue to employ people who are not up to the job! What I have learnt over the last few years is that many Kiwis are not prepared to stand up for what is right! Most stood by and allowed Ardern and Her useless cohorts to get away with horrific acts against the NZ citizens! The drivers association need to stand up for Colin De fillippi and not allow these Dickheads to continue to make stupid decisions!! where is the leadership from HRNZ, this is just so WRONG! No wonder the industry in NZ is stuffed, get rid of the control freaks that are ruining things! Edited November 6, 2022 by Brodie 1 Quote Link to comment Share on other sites More sharing options...
the galah Posted November 6, 2022 Share Posted November 6, 2022 (edited) Seems a very sad and unfortunate set of circumstances. Understandable why everyone feels for defilippi, as while so few will ever experience being in the position of having a cup drive,everyone can empathise with how it would make anyone feel should someone be prevented from driving in such circumstances. Also because everyone has the greatest respect for defilipi it has not been well received. Those who made the decision have said the penalty guidelines mean they had little choice other than to suspend, (and were unable to impose instead a fine/lesser suspension as mr defilippi had requested). I guess we assume that is correct,so why do the penalty guidelines not provide that sentencing option? Doesn't that logically mean that its not those who have made the decision,but it is those who made the penalty guidelines that have created this situation.It does seems very reasonable to think a penalty for this charge should include being able to give a combination of a penalty of fine and suspension. So it all seems a bit of a failure by those who were originally involved in setting penalty guidelines to recognise the possible future impact. That would not just be one group,but you would think involve several decision makers in different forms. I do agree with those who made the decision when they say they can't treat people differently. The reference in the appeal hearing to previous leniency shown in the case of rasmussen really could be argued both ways.When rasmussen was viewed by many to be given treatment different from others,there was justified criticism in my opinion of those that made that decision.And so that decision came home to roost in this case. Heza sport is a horse many would have as the horse they would most want to run very well in the cup before all this,and now there will be even more cheering for him. Edited November 6, 2022 by the galah Quote Link to comment Share on other sites More sharing options...
Blackie Posted November 6, 2022 Share Posted November 6, 2022 They treated Marty Williamson differently through a technicality. Where is the justice in that when you compare the two cases? 1 1 Quote Link to comment Share on other sites More sharing options...
Brodie Posted November 6, 2022 Share Posted November 6, 2022 (edited) The reality of it all is that a blatantly stupid whip rule is of no benefit to harness racing! There was nothing at all wrong with the rule where drivers were charged if the Stipes thought the whip use was excessive. Rennell seemed to be the one that changed the rule due to his personal thoughts where there was absolutely no pressure from SAFE or animal activists! Harness is totally struggling and the judiciary system just does not help things. Watched a video at the weekend where John Dunn stated that probably within 5 years he will be no longer training in NZ. Purdon and co. Will pull the plug well before that time as well! Come on Where is the leadership and fairness from harness officialdom? Drivers should be standing up and be in support of Colin De Fillippi and tell them they have gad enough of this stupid whip rule! Edited November 6, 2022 by Brodie 2 Quote Link to comment Share on other sites More sharing options...
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