Invercargill HRC – 20 January 2009 – Race 1

hearingid: d33223f4e2c36aa7821affa68ce30267

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hearing_racingtype: harness-racing

startdate: 20/01/2009

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decisiondate: no date provided

hearing_title: Invercargill HRC - 20 January 2009 - Race 1

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Decision:

Rule : 868 (3) - An information was lodged by Stipendiary Steward Mr P T Knowles alleging that Mr B G Barclay driver of MEXICAN INVASION failed to drive his horse out to the end of the race when MEXICAN INVASION had a reasonable chance of finishing in first position, in Race one, the Mitavite Trot.

Rule : 868 (3) - An information was lodged by Stipendiary Steward Mr P T Knowles alleging that Mr B G Barclay driver of MEXICAN INVASION failed to drive his horse out to the end of the race when MEXICAN INVASION had a reasonable chance of finishing in first position, in Race one, the Mitavite Trot.

Mr Knowles stated that MEXICAN INVASION had led throughout the race, and was beaten by a nose by the fast finishing LYALLDALE INVASION (M Williamson) who ran through on the inside of MEXICAN INVASION.  Mr Knowles stated that MEXICAN INVASION had the third placed horse B MARY BOYZ (H Hunter) covered throughout the finish to the winning post, after MEXICAN INVASION had led throughout.  Mr Knowles emphasized that it was the lack of any vigour shown by Mr Barclay that had brought about a charge being laid.

Mr Knowles used the head-on video clip to demonstrate and highlight the comments he had made, stating also that in his opinion, Mr Barclay had one quick look to the inside about 150 metres from the finishing line.  Mr Knowles also stated that Mr Barclay may have moved his hands marginally but no vigour was shown and the whip had not been used.

Mr Barclay stated that he believed his horse was doing its best and as a Junior Horseman he had been taught to handle a trotter carefully so it did not break, and this is how he had driven trotters and this horse, MEXICAN INVASION, on all occasions in the past.

Mr Norman, trainer of MEXICAN INVASION, was asked directly what were the driving instructions given to Mr Barclay?  Mr Norman’s reply was that there were no instructions given.  Mr Norman also stated that he was happy with Mr Barclay’s driving of his horse.

At this point Mr Barclay asked if there was any video tapes of MEXICAN INVASION’s recent racing available, in particular the Roxbough races (04 January 2009) and the Invercargill Harness meeting (08 January 2009).  Mr Knowles stated that no copies of the races requested were available at that time.

In the interests of natural justice occurring, the Information was adjourned until Monday 26 January at 1pm to allow Mr Knowles to obtain the copies of the races requested by Mr Barclay.

N D Skelt

20 January 2009

Adjourned hearing – 26 January 2009 @ Invercargill HRC meeting

Prior to the hearing Mr Barclay was given the opportunity to view the video tapes involving MEXICAN INVASION at Roxburgh (04 January 2009) and Invercargill (08 January 2009) which Mr Barclay did.  It was noted that the video tape of the Gore meeting (27 December 2008) was not available due to a camera malfunction.   Mr Barclay was then asked to present his evidence regarding each race.

Mr Barclay stated that at  Roxburgh (04 January 2009) MEXICAN INVASION did not handle the track well, particularly around the bends, and that he “reined” the horse up, with the horse doing its best finishing fourth (later being promoted to third placing on protest).  Video clips of the head on and side on were shown.

Mr Barclay then highlighted his drive on MEXICAN INVASION at Invercargill (08 January 2009) using the side on video clip and the last 400 metres of the head on video clip.

MEXICAN INVASION finished in second placing ½ length from the winner RHYTHMIC SUN (A Clark) after trailing the winner throughout.  Mr Barclay said his horse was again doing its best but was beaten by a better horse on the day.

Mr Knowles was given the opportunity to add anything new he may like to be considered following the adjournment, which he declined.

Mr Barclay was given the same opportunity and he stated that 150 metres from the finish of the race in question his horse was 2 ½ lengths clear.  He acknowledged he had a quick look inside but saw only the horse on the inside running line, not Mr Williamson’s horse LYALLDALE INVASION who was in his opinion out of view, further back.

Mr Knowles supported Mr Barclay’s statement.

Mr Barclay concluded by saying that he knew he had the second horse covered at the time B MARY BOYZ and if anything it was simply “misjudgment on his part”.

After having viewed the video evidence of MEXICAN INVASION’s races at the Roxburgh meeting (04 January 2009) and the Invercargill Harness meeting (08 January 2009) and the race in question – Invercargill Harness (20 January 2009) information # 67404, and hearing the verbal evidence of Mr Norman, Mr Barclay and Mr Knowles, a breach under Rule 868 (3) against Mr B Barclay was found proven.

Clearly in my opinion Mr Barclay has made a simple error of judgment by not showing any form of vigour over the concluding stages of the race on 20 January 2009.  The margin of a nose between the first and second placed horses is also significant.  The video clips of the races of MEXICAN INVASION at Roxburgh and Invercargill, in my opinion, do not support Mr Barclay’s evidence that his horse was “doing its best”, as in each instance little or not vigour has been shown, leaving an “unknown” as to how MEXICAN INVASION may have responded, had vigour been shown by Mr Barclay.

PENALTY SUBMISSIONS – Mr  Knowles

Mr Knowles outlined Mr Barclay’s driving record over the past twelve months, stating that Mr Barclay had an excellent record, having not incurred any breaches of any Rule over that period of time.

Mr Knowles stated that Mr Barclay was driving up to eight horses on any one race day, and that he was very successful.  Mr Knowles also stated that he believed that there was no “intention or malice” on Mr Barclay’s behalf of the lack of vigour shown, but clearly had had made an error of judgment.  He also highlighted a range of penalties that he believed were similar to Mr Barclay’s offence, as listed:

Mrs K L Barclay 27 June 2003; D J Butcher 28 October 2005; D A Cameron 14 January 2007; W R K Chittenden 12 February 2008, R W Curtin 10 August 2006, K M James 7 October 2005; M P Pluck 24 December 2000, A J Ryan 13 August 2003; W F Taylor 14 November 2003; A J Tomlinson 24 October 2008; M W White 15 February 2008; C T Woodward Jnr 7 October 2005.

Mr Knowles acknowledged each case had individual differences and personal circumstances would be different with individual drivers.

PENALTY SUBMISSIONS – Mr Barclay

Mr Barclay stated that driving was his only form of income and that he had heavy commitments to owners and trainers in the up and coming weeks, in a busy racing schedule, including the Oamaru meeting (01 February 2009). Mr Barclay also reinforced his unblemished driving record over the past twelve months.

PENALTY

Mr Barclay was fined the sum of $500.00 and suspended up to the conclusion of racing on Sunday 08 February 2009 (effectively 4 meetings).

In fixing penalty, consideration was given to the following :

-     The need to maintain integrity and public confidence in Harness racing.

-     Stakes payable in the race, in this instance first placing $4,850, and second placing $1,360 – a difference to the owners of MEXICAN INVASION of $3,490.

-     The margin between first and second being a nose.

-     Mr Barclay’s outstanding record over the past 12 months.

-     Mr Barclay’s confirmed driving commitments by Trainer Mr Don McRae at the Oamaru Harness meeting on 01 February 2009.

N D Skelt

Chairman

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hearing_type: Old Hearing

Rules: 868.3

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