Gore HRC 25 August 2013 – R 3
ID: JCA12668
Meet Title:
Gore HRC - 25 August 2013
Meet Chair:
GHall
Meet Committee Member 1:
DSteel
Race Date:
2013/08/25
Race Number:
R 3
Decision:
Ms Barclay admitted the breach, which we thus find proved.
Penalty:
Ms Barclay is suspended from driving at the conclusion of racing today up to and including 20 September. This is 4 Otago/ Southland meetings.
Charge:
Careless Driving
Facts:
Mr Allison alleged that in race 3, the respondent, Ms K Barclay, the driver of JULIANA BELLE improved her position when there was insufficient room and, as a result, caused both INFINITY and TERRIBLY LUCKY to fall to the track near the 400 metres mark.
Submissions for Decision:
Mr Allison demonstrated on the videos that KEZZA’S LASS (Mr Swain), which was one out, was tiring and coming back through the field at the bend approaching the 400 metres. Ms Barclay, who was racing just back of mid-field, went for a run on the inside of that horse that was never there. As a consequence the wheels of the carts of Ms Barclay and Mr Swain locked briefly before Ms Barclay took hold of JULIANA BELLE and came back on INFINITY and TERRIBLY LUCKY. Both these horses fell. Mr Allison demonstrated that neither the driver of INFINITY (Ms Pearson) nor TERRIBLY LUCKY (Mr B Williamson) had had the opportunity to take evasive action.
Ms Barclay stated there had been a lot of yelling. She thought she was 3/4 into the gap to the inside of Mr Swain and outside Mr M Williamson when her horse and that of Mr Swain locked wheels. She said she believed the trailing drivers had had sufficient notice to avoid JULIANA BELLE.
Submissions for Penalty:
Mr Allison produced the respondent’s record, which was clear under this rule both this and last season. In that time she had had 176 drives. He asked us to take into account the fact that 2 horses had fallen as a result of the respondent’s carelessness but also to balance the fact she had acknowledged fault before being questioned by the stewards and was very remorseful. He submitted a 3 to 4 day suspension was appropriate.
Ms Barclay said she thought she had room at the time but she had acknowledged her fault immediately and had apologised to the drivers and trainers concerned straight after the race. She asked us to consider a fine together with a suspension.
Reasons for Penalty:
We find the breach to be mid range. While we accept Mr Swain may have been coming back quicker than the respondent anticipated, there was never room for her to move to the inside of his horse. The consequences of her actions were that she locked wheels, lost momentum, had to take hold her horse in an endeavour to free the carts, and came back on to 2 horses, which fell. Fortunately both drivers and horses suffered only superficial injuries. We believe a suspension is appropriate.
Mitigating factors are her clear remorse, her immediate admission of the breach and her excellent record.
From a 6 day starting point we give a 2 day discount for these mitigating factors.
JCA Decision Fields (raw)
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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: 4718f1f5b4724b9f3b163ca8b0ad2d90
informantnumber: 5933
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 19/08/2013
hearing_title: Gore HRC 25 August 2013 - R 3
charge:
Careless Driving
facts:
Mr Allison alleged that in race 3, the respondent, Ms K Barclay, the driver of JULIANA BELLE improved her position when there was insufficient room and, as a result, caused both INFINITY and TERRIBLY LUCKY to fall to the track near the 400 metres mark.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison demonstrated on the videos that KEZZA’S LASS (Mr Swain), which was one out, was tiring and coming back through the field at the bend approaching the 400 metres. Ms Barclay, who was racing just back of mid-field, went for a run on the inside of that horse that was never there. As a consequence the wheels of the carts of Ms Barclay and Mr Swain locked briefly before Ms Barclay took hold of JULIANA BELLE and came back on INFINITY and TERRIBLY LUCKY. Both these horses fell. Mr Allison demonstrated that neither the driver of INFINITY (Ms Pearson) nor TERRIBLY LUCKY (Mr B Williamson) had had the opportunity to take evasive action.
Ms Barclay stated there had been a lot of yelling. She thought she was 3/4 into the gap to the inside of Mr Swain and outside Mr M Williamson when her horse and that of Mr Swain locked wheels. She said she believed the trailing drivers had had sufficient notice to avoid JULIANA BELLE.
reasonsfordecision:
Decision:
Ms Barclay admitted the breach, which we thus find proved.
sumissionsforpenalty:
Mr Allison produced the respondent’s record, which was clear under this rule both this and last season. In that time she had had 176 drives. He asked us to take into account the fact that 2 horses had fallen as a result of the respondent’s carelessness but also to balance the fact she had acknowledged fault before being questioned by the stewards and was very remorseful. He submitted a 3 to 4 day suspension was appropriate.
Ms Barclay said she thought she had room at the time but she had acknowledged her fault immediately and had apologised to the drivers and trainers concerned straight after the race. She asked us to consider a fine together with a suspension.
reasonsforpenalty:
We find the breach to be mid range. While we accept Mr Swain may have been coming back quicker than the respondent anticipated, there was never room for her to move to the inside of his horse. The consequences of her actions were that she locked wheels, lost momentum, had to take hold her horse in an endeavour to free the carts, and came back on to 2 horses, which fell. Fortunately both drivers and horses suffered only superficial injuries. We believe a suspension is appropriate.
Mitigating factors are her clear remorse, her immediate admission of the breach and her excellent record.
From a 6 day starting point we give a 2 day discount for these mitigating factors.
penalty:
Ms Barclay is suspended from driving at the conclusion of racing today up to and including 20 September. This is 4 Otago/ Southland meetings.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer: Ms K Barclay - Licensed Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 174a8edad34d1799f1de418170f7c5a7
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: a0db4655d877930ed25f0be32c38805d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/08/2013
meet_title: Gore HRC - 25 August 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: DSteel
meet_pm2: none
name: Gore HRC