Northern Southland TC 3 October 2015 – R 1 – Chair, Mr P Knowles
ID: JCA15558
Meet Title:
Northern Southland TC - 3 October 2015
Meet Chair:
PKnowles
Meet Committee Member 1:
NSkelt
Race Date:
2015/10/03
Race Number:
R 1
Decision:
The charge is upheld.
Penalty:
Mrs Barclay's Open Horsewoman’s license is suspended from the completion of racing today, up to and including the 18th October 2015. This included meetings at Gore (10th) and Winton (18th) 2 days.
Facts:
Following the running of race #1 the KUBALA SEEDS LTD GORE/SWITZERS VALLEY TRANSPORT MOBILE PACE the Stewards lodged an information alleging a breach of Rule 869 (3) (b) in that “with approximately 250m to run Mrs K Barclay (Zena’s Star) shifted ground causing tightening to Combien (R Swain) which broke.”
Rule 869 (3) (b) reads:
No horseman in any race shall drive:-
carelessly.
Mrs Barclay did not admit the charge and appeared at the hearing.
Mr Renault, with the assistance of the relevant videos, showed the positions of Zena’s Star, Combien and Genuine Excuse in the lead up to the incident. He stated Mrs Barclay (Zena’s Star) was in the one-out one-back position nearing the end of the back straight. Mr Swain (Combien) was on her outer and Mr Larsen (Genuine Excuse) was improving wider out.
Submissions for Decision:
Mr Allison stated that approaching the final bend Mr Swain shifted outwards and attempted to shift Mr Larsen wider on the track. Mrs Barclay shifted outwards to take up Mr Swain's vacant position, but as the field rounded the final turn Mr Swain was placed in restricted room causing his horse to break. Mr Allison stated that there was not enough room for Mrs Barclay to improve Zena’s Star's position, which resulted in Mr Swain’s horse being squeezed for room and breaking.
Mr Swain stated he attempted to shift Mr Larsen wider on the track as he felt he had the advantage. However Mr Larsen defended his position which only left half a gap on his inside. Also the horse he was trailing began to come back on him (tire) and he had nowhere to go. The gap closed and his horse broke when squeezed for room.
Mr Larsen stated he was in a four wide position throughout and had held Mr Swain in. He always held an advantage over Mr Swain.
Mrs Barclay stated the horse she was trailing was starting to tire. She saw the gap open up on her outside and took advantage of that. She was anticipating that Mr Swain would continue his outwards movement. She was, in her view, able to progress into the gap before Mr Swain's horse galloped.
Reasons for Decision:
After viewing the videos and hearing the evidence the committee was satisfied that Mrs Barclay placed her horse Zena’s Star in a position which led to Combien breaking with approximately 250 metres to run. We find that there was never enough room for Mrs Barclay to improve her position, on the anticipation that Mr Swain would secure a position wider on the track. This did not eventuate and as a result Combien was placed in tight quarters and broke losing its chances.
Submissions for Penalty:
Mr Allison said Mrs Barclay had a good record with no previous charges in the past 12 months for a similar offence. She had 144 drives last season and up until this meeting 7 drives. The mitigating factors were that Mrs Barclay was driving competitively and the forward horse was tiring. He said the JCA Penalty Guide recommended a starting point of 10 drives or a $500 fine. However, he believed the incident was at the low to mid level and was seeking a fine of $300 to $350.
Mrs Barclay stated she currently had 26 horses in work. She did not drive a lot preferring to employ outside drivers when they were available. She said a $500 fine was a lot and would prefer a suspension.
Reasons for Penalty:
Following submissions from both parties the committee believes a suspension is the appropriate penalty. We have taken into account that Mrs Barclay anticipated a gap becoming available and that she was not shifting another horse wider on the track. We have given her credit for her excellent record. Based on the previous seasons driving tally Mrs Barclay averages about 12 drives per month. Mr Allison sought a fine of between $300 to $350 which equates to about 6/7 drives.
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: b3586186656f91bcf591356a3bf17aa6
informantnumber: A1430
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: 869 (3) (b)
plea: denied
penaltyrequired: 1
decisiondate: 07/10/2015
hearing_title: Northern Southland TC 3 October 2015 - R 1 - Chair, Mr P Knowles
charge:
facts:
Following the running of race #1 the KUBALA SEEDS LTD GORE/SWITZERS VALLEY TRANSPORT MOBILE PACE the Stewards lodged an information alleging a breach of Rule 869 (3) (b) in that “with approximately 250m to run Mrs K Barclay (Zena’s Star) shifted ground causing tightening to Combien (R Swain) which broke.”
Rule 869 (3) (b) reads:
No horseman in any race shall drive:-
carelessly.
Mrs Barclay did not admit the charge and appeared at the hearing.
Mr Renault, with the assistance of the relevant videos, showed the positions of Zena’s Star, Combien and Genuine Excuse in the lead up to the incident. He stated Mrs Barclay (Zena’s Star) was in the one-out one-back position nearing the end of the back straight. Mr Swain (Combien) was on her outer and Mr Larsen (Genuine Excuse) was improving wider out.
appealdecision:
isappeal:
submissionsfordecision:
Mr Allison stated that approaching the final bend Mr Swain shifted outwards and attempted to shift Mr Larsen wider on the track. Mrs Barclay shifted outwards to take up Mr Swain's vacant position, but as the field rounded the final turn Mr Swain was placed in restricted room causing his horse to break. Mr Allison stated that there was not enough room for Mrs Barclay to improve Zena’s Star's position, which resulted in Mr Swain’s horse being squeezed for room and breaking.
Mr Swain stated he attempted to shift Mr Larsen wider on the track as he felt he had the advantage. However Mr Larsen defended his position which only left half a gap on his inside. Also the horse he was trailing began to come back on him (tire) and he had nowhere to go. The gap closed and his horse broke when squeezed for room.
Mr Larsen stated he was in a four wide position throughout and had held Mr Swain in. He always held an advantage over Mr Swain.
Mrs Barclay stated the horse she was trailing was starting to tire. She saw the gap open up on her outside and took advantage of that. She was anticipating that Mr Swain would continue his outwards movement. She was, in her view, able to progress into the gap before Mr Swain's horse galloped.
reasonsfordecision:
After viewing the videos and hearing the evidence the committee was satisfied that Mrs Barclay placed her horse Zena’s Star in a position which led to Combien breaking with approximately 250 metres to run. We find that there was never enough room for Mrs Barclay to improve her position, on the anticipation that Mr Swain would secure a position wider on the track. This did not eventuate and as a result Combien was placed in tight quarters and broke losing its chances.
Decision:
The charge is upheld.
sumissionsforpenalty:
Mr Allison said Mrs Barclay had a good record with no previous charges in the past 12 months for a similar offence. She had 144 drives last season and up until this meeting 7 drives. The mitigating factors were that Mrs Barclay was driving competitively and the forward horse was tiring. He said the JCA Penalty Guide recommended a starting point of 10 drives or a $500 fine. However, he believed the incident was at the low to mid level and was seeking a fine of $300 to $350.
Mrs Barclay stated she currently had 26 horses in work. She did not drive a lot preferring to employ outside drivers when they were available. She said a $500 fine was a lot and would prefer a suspension.
reasonsforpenalty:
Following submissions from both parties the committee believes a suspension is the appropriate penalty. We have taken into account that Mrs Barclay anticipated a gap becoming available and that she was not shifting another horse wider on the track. We have given her credit for her excellent record. Based on the previous seasons driving tally Mrs Barclay averages about 12 drives per month. Mr Allison sought a fine of between $300 to $350 which equates to about 6/7 drives.
penalty:
Mrs Barclay's Open Horsewoman’s license is suspended from the completion of racing today, up to and including the 18th October 2015. This included meetings at Gore (10th) and Winton (18th) 2 days.
hearing_type: Hearing
Rules: Careless driving
Informant: Mr C Allison - Stipendiary Steward, Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mrs K Barclay - Licensed Horsewoman
Otherperson: Mr R Swain (Combien), Mr K Larsen (Genuine Excuse)
PersonPresent:
Respondent:
StipendSteward:
raceid: 6f88782d1b902146243d2e1471f7a1ed
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ccb03f008c1fb712a0efe1c49f60828c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/10/2015
meet_title: Northern Southland TC - 3 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: northern-southland-tc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: NSkelt
meet_pm2: none
name: Northern Southland TC