Archive Decision

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Winton HRC 28 September 2017 – R 3 – Chair, Prof G Hall

ID: JCA10992

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr B Barclay - Open Horseman

Information Number:
A9574

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Winton HRC - 28 September 2017

Meet Chair:
GHall

Meet Committee Member 1:
VMUnro

Meet Committee Member 2:
MConway

Race Date:
2017/09/28

Race Number:
R 3

Decision:

As the respondent has admitted the breach, it is found to be proved.

Penalty:

Mr Barclay is fined $300.

Facts:

Mr S Wallis lodged an information alleging Mr Barclay allowed BELMONT INVASION to strike the wheel of SCARLETT LANE causing the tyre to deflate and the horse to be pulled out of the race passing the 1800 metres in race 3, the Macca Lodge Trot.

Mr Barclay admitted the breach and signed the Statement by the Respondent on the information indicating this. He also wished not to be present at the hearing.

Mr Wallis, with the aid of the video footage, identified Mr Barclay in 5th place at the 1850 metres. Mr Barclay eased back to take cover and struck the sulky wheel of SCARLETT LANE. He further stated that Mr Barclay had only “marginally” struck the wheel, with the tyre deflating immediately. SCARLETT LANE was withdrawn from the race shortly thereafter. He said the respondent was “careless for a split second” and, had he waited an extra second, there would have been plenty of room for Mr Barclay.

Submissions for Penalty:

Mr Wallis stated that Mr Barclay was a busy Southland driver with 300 drives last season and 17 drives to date this season. Mr Barclay’s record was very good; there was nothing in the last 12 months on his record and Mr Barclay should be given credit for this.

Mr Wallis submitted a fine of around $300 would be appropriate.

Reasons for Penalty:

Mr Barclay has made a misjudgement when he has eased BELMONT INVASION and moved down on the track to take cover near the 1850 metres mark. In so doing, he has struck the sulky wheel of SCARLETT LANE.

We take a starting point of $500. The offending is towards the lower end of the scale. Personal mitigating factors are the respondent’s frank admission of the breach and his excellent record over the past 12 months.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 127fd41885fb59ca332bad4a6f5bede4


informantnumber: A9574


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 02/10/2017


hearing_title: Winton HRC 28 September 2017 - R 3 - Chair, Prof G Hall


charge:


facts:

Mr S Wallis lodged an information alleging Mr Barclay allowed BELMONT INVASION to strike the wheel of SCARLETT LANE causing the tyre to deflate and the horse to be pulled out of the race passing the 1800 metres in race 3, the Macca Lodge Trot.

Mr Barclay admitted the breach and signed the Statement by the Respondent on the information indicating this. He also wished not to be present at the hearing.

Mr Wallis, with the aid of the video footage, identified Mr Barclay in 5th place at the 1850 metres. Mr Barclay eased back to take cover and struck the sulky wheel of SCARLETT LANE. He further stated that Mr Barclay had only “marginally” struck the wheel, with the tyre deflating immediately. SCARLETT LANE was withdrawn from the race shortly thereafter. He said the respondent was “careless for a split second” and, had he waited an extra second, there would have been plenty of room for Mr Barclay.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the respondent has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Wallis stated that Mr Barclay was a busy Southland driver with 300 drives last season and 17 drives to date this season. Mr Barclay’s record was very good; there was nothing in the last 12 months on his record and Mr Barclay should be given credit for this.

Mr Wallis submitted a fine of around $300 would be appropriate.


reasonsforpenalty:

Mr Barclay has made a misjudgement when he has eased BELMONT INVASION and moved down on the track to take cover near the 1850 metres mark. In so doing, he has struck the sulky wheel of SCARLETT LANE.

We take a starting point of $500. The offending is towards the lower end of the scale. Personal mitigating factors are the respondent’s frank admission of the breach and his excellent record over the past 12 months.


penalty:

Mr Barclay is fined $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr B Barclay - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: f379eff7bb6861d1b03fd1f6c47c5507


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5dda9f41682b9995e83b5020de3734b6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/09/2017


meet_title: Winton HRC - 28 September 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: VMUnro


meet_pm2: MConway


name: Winton HRC