Auckland TC – 31 December 2007 – Race 4
ID: JCA20984
Hearing Type (Code):
harness-racing
Meet Title:
Auckland TC - 31 December 2007
Race Date:
2007/12/31
Race Number:
Race 4
Decision: An information lodged by Stipendiary Steward Mr J Muirhead against Mr B Barclay driver of NATAL FRANCO alleging a breach of Rule 869 (3) (b) – Careless driving – in that he drove his horse carelessly causing interference
An information lodged by Stipendiary Steward Mr J Muirhead against Mr B Barclay driver of NATAL FRANCO alleging a breach of Rule 869 (3) (b) – Careless driving – in that he drove his horse carelessly causing interference to HAYLIN EXPRESS driven by Mr M McKendry and PROM QUEEN driven by Mr B Mangos racing into the first bend. Mr Barclay admitted the breach and was present at the hearing.
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Mr Muirhead demonstrated the incident by use of the video film. NATAL FRANCO got a good run through from the second row at the start of the race and then got its head around. Mr Barclay instead of straightening the horse drove it forward. The horse moved inwards and caused interference to both HAYLIN EXPRESS and PROM QUEEN. Both of those horses broke and lost several lengths. Mr Barclay said that one of his horse’s hopple shortener pins came out before the start and he then had to pull the other. He said the horse was very safe when the hopple shorteners were in place. Because they weren’t the horse got its head around and moved inwards.
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PENALTY
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Mr Muirhead said that Mr Barclay had had 133 drives this season and had no breaches recorded against him in the last 12 months. He reminded the committee that the race had a stake of $150,000.00. He suggested a four day suspension or a fine of $750.00. Mr Barclay said he would prefer a fine. In fixing penalty the committee takes into account the following matters :
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1. The guilty plea.
--2. The excellent driving record of Mr Barclay.
--3. The mitigating factors in relation to the hopple shorteners.
--4. The offending was in the bottom half of the scale of seriousness.
--5. The submissions of Mr Muirhead.
--6. The submissions of Mr Barclay.
--7. The recommended starting point for careless driving in a major race is a fine of $600.00 and/or a three week suspension.
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Balancing all of those matters we impose a fine of $650.00.
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B Rowe
ChairmanJCA 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: 89dc0523a22f117fe162e03a5dfc9cff
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 31/12/2007
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland TC - 31 December 2007 - Race 4
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information lodged by Stipendiary Steward Mr J Muirhead against Mr B Barclay driver of NATAL FRANCO alleging a breach of Rule 869 (3) (b) – Careless driving – in that he drove his horse carelessly causing interferenceAn information lodged by Stipendiary Steward Mr J Muirhead against Mr B Barclay driver of NATAL FRANCO alleging a breach of Rule 869 (3) (b) – Careless driving – in that he drove his horse carelessly causing interference to HAYLIN EXPRESS driven by Mr M McKendry and PROM QUEEN driven by Mr B Mangos racing into the first bend. Mr Barclay admitted the breach and was present at the hearing.
----
Mr Muirhead demonstrated the incident by use of the video film. NATAL FRANCO got a good run through from the second row at the start of the race and then got its head around. Mr Barclay instead of straightening the horse drove it forward. The horse moved inwards and caused interference to both HAYLIN EXPRESS and PROM QUEEN. Both of those horses broke and lost several lengths. Mr Barclay said that one of his horse’s hopple shortener pins came out before the start and he then had to pull the other. He said the horse was very safe when the hopple shorteners were in place. Because they weren’t the horse got its head around and moved inwards.
----
PENALTY
----
Mr Muirhead said that Mr Barclay had had 133 drives this season and had no breaches recorded against him in the last 12 months. He reminded the committee that the race had a stake of $150,000.00. He suggested a four day suspension or a fine of $750.00. Mr Barclay said he would prefer a fine. In fixing penalty the committee takes into account the following matters :
----
1. The guilty plea.
--2. The excellent driving record of Mr Barclay.
--3. The mitigating factors in relation to the hopple shorteners.
--4. The offending was in the bottom half of the scale of seriousness.
--5. The submissions of Mr Muirhead.
--6. The submissions of Mr Barclay.
--7. The recommended starting point for careless driving in a major race is a fine of $600.00 and/or a three week suspension.
----
Balancing all of those matters we impose a fine of $650.00.
----
B Rowe
Chairmansumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.3.b
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 110c902ec190f554d069a68f8f3d7f40
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 56a38109bd7ea1ef2c3812b16860b9d4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/12/2007
meet_title: Auckland TC - 31 December 2007
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland TC