Archive Decision

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Invercargill HRC 4 May 2019 – R 5 – Chair, Prof G Hall

ID: JCA16848

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr B Barclay - Open Horseman

Other Person:
Mr V Munro - Stipendiary Steward

Information Number:
A12497

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Invercargill HRC - 4 May 2019

Meet Chair:
GHall

Meet Committee Member 1:
DAnderson

Race Date:
2019/05/04

Race Number:
R 5

Decision:

As Mr Barclay has admitted the breach, it is found to be proved.

Penalty:

Mr Barclay is suspended from 12 May up until 25 May 2019, inclusive. This is 2 days.

 

ADDENDUM

Subsequent to the decision, Mr Barclay has raised with the Committee that he would have driven in the Oaks at Addington on 17 May. He requests that that day be counted as part of his suspension. The Stipendiary Stewards have stated they have no objection to this. The deferment remains in place, but the suspension concludes on 18 May. The suspension remains a 2-day suspension, but this permits Mr Barclay to drive on 25 May.

Facts:

Mr Wallis alleged that Mr Barclay (TARTAN ROBYN) drove carelessly near the 1500 metres in race 5, the WAIKIWI TAVERN MOBILE PACE, by shifting ground inwards when insufficiently clear of SQUARE DEALER (Ms Barron) causing that horse to break and check a trailing runner.

Mr Wallis confirmed that Mr Barclay admitted the breach and did not wish to be present at the hearing.

Mr Munro, Stipendiary Steward, demonstrated on the films that TARTAN ROBYN was racing 3 wide without cover. TARTAN ROBYN was hanging inwards.

Mr Wallis stated that Mr Barclay at first corrected the horse, but he then allowed it to shift downwards on the track. In so doing, he placed pressure on Ms Barron whose horse galloped briefly, checking Mr Williams (HARRYDAHORSE). HARRYDAHORSE galloped and settled some 10 to 15 lengths behind the field. Mr Wallis stated that Ms Barron ended up racing in the position that she had been in, but she had received a check as a result of the respondent’s actions.

Submissions for Penalty:

Mr Wallis produced the respondent’s record. Mr Barclay is a busy Otago/ Southland driver. He has had 313 drives this season and 350 last season. His record is clear under this rule.

Mr Wallis identified the starting point in the JCA Penalty Guide as being a 10-drive suspension or a $500 fine. He submitted a 2-day suspension was appropriate in this instance.

Mr Barclay indicated to the Stipendiary Stewards that he wished to take a 7-day deferment. Mr Wallis stated he had no objection to this.

Reasons for Penalty:

The breach is towards the upper end of mid-range. HARRYDAHORSE lost its chance in the race after galloping due to Mr Barclay’s actions in permitting TARTAN ROBYN to shift inwards when not clear of Ms Barron (SQUARE DEALER). We believe a 5-drive uplift to the starting point is appropriate for this factor.

After considering the respondent’s admission of the breach and his very good record, we reduce this to a 10-drive suspension. Mr Barclay drives on average about 5 drives per meeting.

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: a9f78719a67e0bee849b9f21825c3b04


informantnumber: A12497


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 06/05/2019


hearing_title: Invercargill HRC 4 May 2019 - R 5 - Chair, Prof G Hall


charge:


facts:

Mr Wallis alleged that Mr Barclay (TARTAN ROBYN) drove carelessly near the 1500 metres in race 5, the WAIKIWI TAVERN MOBILE PACE, by shifting ground inwards when insufficiently clear of SQUARE DEALER (Ms Barron) causing that horse to break and check a trailing runner.

Mr Wallis confirmed that Mr Barclay admitted the breach and did not wish to be present at the hearing.

Mr Munro, Stipendiary Steward, demonstrated on the films that TARTAN ROBYN was racing 3 wide without cover. TARTAN ROBYN was hanging inwards.

Mr Wallis stated that Mr Barclay at first corrected the horse, but he then allowed it to shift downwards on the track. In so doing, he placed pressure on Ms Barron whose horse galloped briefly, checking Mr Williams (HARRYDAHORSE). HARRYDAHORSE galloped and settled some 10 to 15 lengths behind the field. Mr Wallis stated that Ms Barron ended up racing in the position that she had been in, but she had received a check as a result of the respondent’s actions.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Barclay has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Wallis produced the respondent’s record. Mr Barclay is a busy Otago/ Southland driver. He has had 313 drives this season and 350 last season. His record is clear under this rule.

Mr Wallis identified the starting point in the JCA Penalty Guide as being a 10-drive suspension or a $500 fine. He submitted a 2-day suspension was appropriate in this instance.

Mr Barclay indicated to the Stipendiary Stewards that he wished to take a 7-day deferment. Mr Wallis stated he had no objection to this.


reasonsforpenalty:

The breach is towards the upper end of mid-range. HARRYDAHORSE lost its chance in the race after galloping due to Mr Barclay’s actions in permitting TARTAN ROBYN to shift inwards when not clear of Ms Barron (SQUARE DEALER). We believe a 5-drive uplift to the starting point is appropriate for this factor.

After considering the respondent’s admission of the breach and his very good record, we reduce this to a 10-drive suspension. Mr Barclay drives on average about 5 drives per meeting.


penalty:

Mr Barclay is suspended from 12 May up until 25 May 2019, inclusive. This is 2 days.

 

ADDENDUM

Subsequent to the decision, Mr Barclay has raised with the Committee that he would have driven in the Oaks at Addington on 17 May. He requests that that day be counted as part of his suspension. The Stipendiary Stewards have stated they have no objection to this. The deferment remains in place, but the suspension concludes on 18 May. The suspension remains a 2-day suspension, but this permits Mr Barclay to drive on 25 May.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr B Barclay - Open Horseman


Otherperson: Mr V Munro - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 27c1e9723a40facc460e46e038f620ef


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


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race_pm2:


meetid: 6e2c28d7398f35befdb9977f589928c4


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meetdate: 04/05/2019


meet_title: Invercargill HRC - 4 May 2019


meet_expappcomment:


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tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DAnderson


meet_pm2: none


name: Invercargill HRC