Invercargill HRC 10 June 2017 – R 6 – Chair, Mr P Knowles
ID: JCA10531
Meet Title:
Invercargill HRC - 10 June 2017
Meet Chair:
PKnowles
Meet Committee Member 1:
VMUnro
Race Date:
2017/06/10
Race Number:
R 6
Decision:
Mrs Barclay had admitted both breaches of the rules and they were found proved.
Penalty:
For breaching rule 869 (2) (a) Mrs Barclay is suspended for four days from the completion of racing today, up to and including Forbury Park on the 6th July 2017. This includes Forbury Park on June 15th, 22nd, 29th June and 6th July.
For breaching rule 867 there is no penalty.
Facts:
Mr S Renault lodged an information alleging a breach of rules 869 (2) (a) and 867 in that Mrs Barclay used her whip in an excessive manner inside the final 400m, and dropped her foot from the footrest, when driving out DON’T PASS I’M FAST in the Level One Restaurant & Bar Mobile Pace.
As both incidents arise from the same set of facts the committee heard evidence on both charges at the same time.
Rule 869 reads
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Rule 867 reads
Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.
Mrs Barclay admitted both charges but did not attend the hearing.
Submissions for Decision:
With the use of the video replays Mr Renault stated that Mrs Barclay was racing three wide and in a challenging position on entering the home straight to the finish. She was observed to use the whip on 28 occasions using the rein free of hand and with rein in hand. There were a number of pauses in her action but the use of the whip was excessive.
He also stated that on two occasions Mrs Barclay dropped her right foot from the sulky rest while striking the horse with the whip approx. 50m and 20m from the finish.
Mr Renault stated that weather conditions on the day were difficult and that Mrs Barclay had stated she had had difficulty keeping her foot in the footrest due to the sulky and her footwear being wet and slippery.
Submissions for Penalty:
Mr Renault stated that Mrs Barclay had had 60 drives this season and 57 drives last season. This was her second breach of the rule inside six months, her previous incurred a three day suspension. The use of the whip was at the high end (28 strikes) and he was seeking a suspension of four to five days. He said Mrs Barclay intended racing horses at upcoming Forbury Park meetings and while not a regular driver at Forbury Park, has driven there occasionally this year. Mrs Barclay did not intend going to Oamaru on the 18th June.
We note that Mrs Barclay had understood a suspension of four to five days was being sought by the stewards and had acknowledged that when signing the information.
Mr Renault said in respect of the second breach rr 867 Mrs Barclay had a clear record and the stewards were seeking a fine of $100.
Reasons for Penalty:
Mrs Barclay admitted a charge of excessive use of the whip and dropping her foot from the footrest. She did not to attend the hearing. The aggravating feature of the excessive use charge is that Mrs Barclay struck the horse 28 times from the top of the straight to the finish. While Mrs Barclay alternated between free of the rein and rein in hand with several breaks her use of the whip was clearly excessive.
This is Mrs Barclay’s second breach of the rule inside six months but we also note it is only her second breach inside 12 months. The stewards sought a suspension of four to five days and we adopt a starting point of four days. We increase that to five days due to the high end of scale of use of the whip. Mrs Barclay is given credit for admission of the breach and also that this is her second breach which would have incurred a suspension of three to four days. Mrs Barclay is suspended for four days.
On rr 867 the committee takes into account the difficult driving conditions on the day and the difficulty all drivers have when attempting to drive their horses out in the home straight. The breach is at the lower end of the scale and given that Mrs Barclay has already incurred a suspension of four days we see no need to set a penalty for this minor breach on this occasion.
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: 007f52d9daab892a82c872c090fb3a18
informantnumber: A9602/3
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: 869 (2) (a) and 867
plea: admitted
penaltyrequired: 1
decisiondate: 14/06/2017
hearing_title: Invercargill HRC 10 June 2017 - R 6 - Chair, Mr P Knowles
charge:
facts:
Mr S Renault lodged an information alleging a breach of rules 869 (2) (a) and 867 in that Mrs Barclay used her whip in an excessive manner inside the final 400m, and dropped her foot from the footrest, when driving out DON’T PASS I’M FAST in the Level One Restaurant & Bar Mobile Pace.
As both incidents arise from the same set of facts the committee heard evidence on both charges at the same time.
Rule 869 reads
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Rule 867 reads
Every horseman shall drive throughout the race with both feet in the rests of the sulky provided for that purpose.
Mrs Barclay admitted both charges but did not attend the hearing.
appealdecision:
isappeal:
submissionsfordecision:
With the use of the video replays Mr Renault stated that Mrs Barclay was racing three wide and in a challenging position on entering the home straight to the finish. She was observed to use the whip on 28 occasions using the rein free of hand and with rein in hand. There were a number of pauses in her action but the use of the whip was excessive.
He also stated that on two occasions Mrs Barclay dropped her right foot from the sulky rest while striking the horse with the whip approx. 50m and 20m from the finish.
Mr Renault stated that weather conditions on the day were difficult and that Mrs Barclay had stated she had had difficulty keeping her foot in the footrest due to the sulky and her footwear being wet and slippery.
reasonsfordecision:
Decision:
Mrs Barclay had admitted both breaches of the rules and they were found proved.
sumissionsforpenalty:
Mr Renault stated that Mrs Barclay had had 60 drives this season and 57 drives last season. This was her second breach of the rule inside six months, her previous incurred a three day suspension. The use of the whip was at the high end (28 strikes) and he was seeking a suspension of four to five days. He said Mrs Barclay intended racing horses at upcoming Forbury Park meetings and while not a regular driver at Forbury Park, has driven there occasionally this year. Mrs Barclay did not intend going to Oamaru on the 18th June.
We note that Mrs Barclay had understood a suspension of four to five days was being sought by the stewards and had acknowledged that when signing the information.
Mr Renault said in respect of the second breach rr 867 Mrs Barclay had a clear record and the stewards were seeking a fine of $100.
reasonsforpenalty:
Mrs Barclay admitted a charge of excessive use of the whip and dropping her foot from the footrest. She did not to attend the hearing. The aggravating feature of the excessive use charge is that Mrs Barclay struck the horse 28 times from the top of the straight to the finish. While Mrs Barclay alternated between free of the rein and rein in hand with several breaks her use of the whip was clearly excessive.
This is Mrs Barclay’s second breach of the rule inside six months but we also note it is only her second breach inside 12 months. The stewards sought a suspension of four to five days and we adopt a starting point of four days. We increase that to five days due to the high end of scale of use of the whip. Mrs Barclay is given credit for admission of the breach and also that this is her second breach which would have incurred a suspension of three to four days. Mrs Barclay is suspended for four days.
On rr 867 the committee takes into account the difficult driving conditions on the day and the difficulty all drivers have when attempting to drive their horses out in the home straight. The breach is at the lower end of the scale and given that Mrs Barclay has already incurred a suspension of four days we see no need to set a penalty for this minor breach on this occasion.
penalty:
For breaching rule 869 (2) (a) Mrs Barclay is suspended for four days from the completion of racing today, up to and including Forbury Park on the 6th July 2017. This includes Forbury Park on June 15th, 22nd, 29th June and 6th July.
For breaching rule 867 there is no penalty.
hearing_type: Hearing
Rules: Excessive use of the whip and dropping foot from the footrest
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mrs K Barclay - Driver of DON'T PASS I'M FAST
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a92b2fa943c854ef3b6d35aade25b015
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 857d1385986ce5d25d1b5f5261ac63de
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/06/2017
meet_title: Invercargill HRC - 10 June 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: VMUnro
meet_pm2: none
name: Invercargill HRC