Wyndham HRC 19 January 2016 – R 2 – Chair, Mr N Skelt
ID: JCA13251
Meet Title:
Wyndham HRC - 19 January 2016
Meet Chair:
NSkelt
Race Date:
2016/01/19
Race Number:
R 2
Decision:
As Mrs Barclay has admitted the charge, we find it proved.
Penalty:
Mrs Barclay’s horsemen’s license is suspended from the conclusion for racing on Tuesday 19th January 2016 to the conclusion of racing on 5th February 2016 effectively encompassing the following meetings, Invercargill Harness 25/01/2016, Invercargill Harness 30/01/2016, Winton Harness 05/02/2016.
Facts:
At the conclusion of Race 2 the Panspacificflight At Macca Lodge Mobile Pace an information A 6626 was filed by Stipendiary Steward Mr C. Allison alleging that Mrs K. Barclay SUNDARA drove carelessly rounding the first bend when allowing her horse to strike the wheel of WOKALUP (C. Barron) causing it to deflate.
The rule reads 869 (3)(b): no horseman in any race shall drive carelessly.
Mr Allison demonstrated on the videos that Mrs K. Barclay has pushed her horse SUNDARA who was drawn 4 from the mobile barrier gate quickly in search of the lead. Mr Robinson FEAR XCHANGE was racing directly inside of SUNDARA and Mr Barron WOKALUP was racing in the three wide position, moving to the leading position.
Mr Allison demonstrated that Mrs Barclay has tried to bluff her way into a gap that wasn’t there and in doing so has struck the outside wheel of Mr Barron’s horse WOKALUP.
WOKALUP continued on for some distance before being pulled up with a deflated tyre losing all chance in the race.
Mrs Barclay stated that Mr Allison’s description of events was accurate. She also stated that her horse was a little green and that she had simply made an error of judgment.
Submissions for Penalty:
Mr Allison produced Mrs Barclay’s driving record which showed a breach under this rule on the 3/10/15 at the Northern Southland Meeting where she received a two day suspension.
Mr Allison described this breach as low range.
Mrs Barclay had 144 drives last season and has had 45 drives this season. Mr Allison confirmed Mrs Barclay has 4 to 5 drives on most race days on the Southland circuit.
The JCA penalty guide recommends a 3 day suspension for a second offence of careless driving within a four month period of the first offence occurring.
Mrs Barclay has no submissions on penalty.
Reasons for Penalty:
Mrs Barclay has allowed her horse SUNDARA to strike the sulky wheel of WOKALUP causing it to deflate at the beginning of the race, terminating the chances of WOKALUP. We accept Mr Allison’s submission that the degree of carelessness was low range, however the consequences were more severe.
Mrs Barclay was given credit for her cooperation with the Stipendiary Steward and her immediate admission of the breach, reducing the initial penalty from a 3 day suspension to a 2 day suspension.
An aggravating factor in fixing penalty was that this was Mrs Barclay’s second offence within a four month period and a horse as a result of her actions has had it’s chances extinguished which requires an uplift of a further day from a two day suspension to three days.
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: 5811d01aa42dcd7faa92dd8ca7610c2e
informantnumber: A6626
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 21/01/2016
hearing_title: Wyndham HRC 19 January 2016 - R 2 - Chair, Mr N Skelt
charge:
facts:
At the conclusion of Race 2 the Panspacificflight At Macca Lodge Mobile Pace an information A 6626 was filed by Stipendiary Steward Mr C. Allison alleging that Mrs K. Barclay SUNDARA drove carelessly rounding the first bend when allowing her horse to strike the wheel of WOKALUP (C. Barron) causing it to deflate.
The rule reads 869 (3)(b): no horseman in any race shall drive carelessly.
Mr Allison demonstrated on the videos that Mrs K. Barclay has pushed her horse SUNDARA who was drawn 4 from the mobile barrier gate quickly in search of the lead. Mr Robinson FEAR XCHANGE was racing directly inside of SUNDARA and Mr Barron WOKALUP was racing in the three wide position, moving to the leading position.
Mr Allison demonstrated that Mrs Barclay has tried to bluff her way into a gap that wasn’t there and in doing so has struck the outside wheel of Mr Barron’s horse WOKALUP.
WOKALUP continued on for some distance before being pulled up with a deflated tyre losing all chance in the race.
Mrs Barclay stated that Mr Allison’s description of events was accurate. She also stated that her horse was a little green and that she had simply made an error of judgment.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mrs Barclay has admitted the charge, we find it proved.
sumissionsforpenalty:
Mr Allison produced Mrs Barclay’s driving record which showed a breach under this rule on the 3/10/15 at the Northern Southland Meeting where she received a two day suspension.
Mr Allison described this breach as low range.
Mrs Barclay had 144 drives last season and has had 45 drives this season. Mr Allison confirmed Mrs Barclay has 4 to 5 drives on most race days on the Southland circuit.
The JCA penalty guide recommends a 3 day suspension for a second offence of careless driving within a four month period of the first offence occurring.
Mrs Barclay has no submissions on penalty.
reasonsforpenalty:
Mrs Barclay has allowed her horse SUNDARA to strike the sulky wheel of WOKALUP causing it to deflate at the beginning of the race, terminating the chances of WOKALUP. We accept Mr Allison’s submission that the degree of carelessness was low range, however the consequences were more severe.
Mrs Barclay was given credit for her cooperation with the Stipendiary Steward and her immediate admission of the breach, reducing the initial penalty from a 3 day suspension to a 2 day suspension.
An aggravating factor in fixing penalty was that this was Mrs Barclay’s second offence within a four month period and a horse as a result of her actions has had it’s chances extinguished which requires an uplift of a further day from a two day suspension to three days.
penalty:
Mrs Barclay’s horsemen’s license is suspended from the conclusion for racing on Tuesday 19th January 2016 to the conclusion of racing on 5th February 2016 effectively encompassing the following meetings, Invercargill Harness 25/01/2016, Invercargill Harness 30/01/2016, Winton Harness 05/02/2016.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer: Mrs K Barclay - Driver of SUNDARA
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fd2f5af5997a4410605206bd1db24125
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 23ba7f14d58ff1338395e0a31ee566f1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/01/2016
meet_title: Wyndham HRC - 19 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: none
meet_pm2: none
name: Wyndham HRC