Riverton TC 5 November 2017 – R 3 – Chair, Prof G Hall
ID: JCA17410
Meet Title:
Riverton TC - 5 November 2017
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2017/11/05
Race Number:
R 3
Decision:
Mr Barclay admitted the breach. The breach is thus found to be proved.
Penalty:
After credit for the admission of the breach and the respondent’s record, which we accept can be described as very good considering his number of drives, the penalty is a suspension of 3 days.
We are satisfied, as was the informant, that Mr Barclay was intending to drive at Addington. The suspension commences immediately. The days are Forbury Park 9 November, Wyndham 12 November and Addington 14 November.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Barclay drove carelessly near the 700 metres in race 3, the Southland Standardbred Breeders Fillies and Mares Mobile Pace, when he failed to concede his position when required to do so which resulted in his horse MISS BIG breaking and checking trailing runners.
Mr Tidmarsh demonstrated on the video that Mr Barclay was racing in the one out one back position. Mr Holmes driving PRINCESS FULHAM was racing to his inside. Mr Barclay failed to concede his position when Mr Holmes endeavoured to shift him wider on the track, as he was entitled to do at this stage of the race. He said Mr Holmes had the advantage on Mr Barclay at the time and Mr Barclay had simply endeavoured to stay where he was. The result was that Mr Barclay’s horse MISS BIG made contact with the wheel of Mr Holmes’ cart, broke and came back onto trailing runners, including Ms Tomlinson (MISS WAIKIWI), Mr Hurrell (BETSTARS BLUE JEAN) and Mr B Williamson (LILY DUCKET). Mr Dunn (RAZCAL ALLEY) and Mr Orange (LIVERPOOL PEG) were also inconvenienced, in that they had to shift wider on the track to avoid these other runners.
Mr Barclay acknowledged he had tried to hold his position one off the fence. He was surprised that Ms Tomlinson had not pulled her horse off his back and shifted wider on the track as there was clearly room for her to do so. He believed her coming back through the field had added to the disruption.
In mitigation, Mr Barclay stated his horse had been in a “vile mood” and had been “hanging something chronic the whole trip” and was over-racing. He was trying to hold his one out position and had tried to get there a bit quicker than the horse had allowed him to. Mr Holmes’ cart had touched his back leg. He had taken a “punt” and it “didn’t pay off”.
Submissions for Penalty:
Mr Tidmarsh produced the respondent’s record, which evidenced one breach of this rule this season on 28 September when he was fined $300. Mr Barclay has had 311 drives last season and 49 this season. Mr Tidmarsh described the respondent’s overall record as very good when regard was had to the fact he is a busy Southland driver. Mr Tidmarsh described the breach as being in the mid to high range. He believed this warranted a one day uplift in the starting point of 3 days’ suspension, as in the JCA Penalty Guide.
Reasons for Penalty:
Mr Barclay’s carelessness resulted in MISS BIG breaking and the field being disrupted as a consequence. Ms Tomlinson may have anticipated that the respondent would have shifted wider on the track when his horse galloped and this is a possible reason as to why she did not shift out from behind Mr Barclay’s back. We note she would not have been in difficulty but for the respondent’s carelessness.
We have had regard to the difficulties the respondent was having with the horse on the day. We believe the breach is mid-range. Mr Barclay’s own horse was affected by his actions, and the field was disrupted. We increase the 3-day starting point by a day.
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: e0713a715c9234a5e5cf69b639f26e7f
informantnumber: A9764
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 10/11/2017
hearing_title: Riverton TC 5 November 2017 - R 3 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Mr Barclay drove carelessly near the 700 metres in race 3, the Southland Standardbred Breeders Fillies and Mares Mobile Pace, when he failed to concede his position when required to do so which resulted in his horse MISS BIG breaking and checking trailing runners.
Mr Tidmarsh demonstrated on the video that Mr Barclay was racing in the one out one back position. Mr Holmes driving PRINCESS FULHAM was racing to his inside. Mr Barclay failed to concede his position when Mr Holmes endeavoured to shift him wider on the track, as he was entitled to do at this stage of the race. He said Mr Holmes had the advantage on Mr Barclay at the time and Mr Barclay had simply endeavoured to stay where he was. The result was that Mr Barclay’s horse MISS BIG made contact with the wheel of Mr Holmes’ cart, broke and came back onto trailing runners, including Ms Tomlinson (MISS WAIKIWI), Mr Hurrell (BETSTARS BLUE JEAN) and Mr B Williamson (LILY DUCKET). Mr Dunn (RAZCAL ALLEY) and Mr Orange (LIVERPOOL PEG) were also inconvenienced, in that they had to shift wider on the track to avoid these other runners.
Mr Barclay acknowledged he had tried to hold his position one off the fence. He was surprised that Ms Tomlinson had not pulled her horse off his back and shifted wider on the track as there was clearly room for her to do so. He believed her coming back through the field had added to the disruption.
In mitigation, Mr Barclay stated his horse had been in a “vile mood” and had been “hanging something chronic the whole trip” and was over-racing. He was trying to hold his one out position and had tried to get there a bit quicker than the horse had allowed him to. Mr Holmes’ cart had touched his back leg. He had taken a “punt” and it “didn’t pay off”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Barclay admitted the breach. The breach is thus found to be proved.
sumissionsforpenalty:
Mr Tidmarsh produced the respondent’s record, which evidenced one breach of this rule this season on 28 September when he was fined $300. Mr Barclay has had 311 drives last season and 49 this season. Mr Tidmarsh described the respondent’s overall record as very good when regard was had to the fact he is a busy Southland driver. Mr Tidmarsh described the breach as being in the mid to high range. He believed this warranted a one day uplift in the starting point of 3 days’ suspension, as in the JCA Penalty Guide.
reasonsforpenalty:
Mr Barclay’s carelessness resulted in MISS BIG breaking and the field being disrupted as a consequence. Ms Tomlinson may have anticipated that the respondent would have shifted wider on the track when his horse galloped and this is a possible reason as to why she did not shift out from behind Mr Barclay’s back. We note she would not have been in difficulty but for the respondent’s carelessness.
We have had regard to the difficulties the respondent was having with the horse on the day. We believe the breach is mid-range. Mr Barclay’s own horse was affected by his actions, and the field was disrupted. We increase the 3-day starting point by a day.
penalty:
After credit for the admission of the breach and the respondent’s record, which we accept can be described as very good considering his number of drives, the penalty is a suspension of 3 days.
We are satisfied, as was the informant, that Mr Barclay was intending to drive at Addington. The suspension commences immediately. The days are Forbury Park 9 November, Wyndham 12 November and Addington 14 November.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr B Barclay - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7171e0b56b5901309186efd700b17b6a
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
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meetid: ae60342896ee79f9420ea5337b2dc20d
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meetdate: 05/11/2017
meet_title: Riverton TC - 5 November 2017
meet_expappcomment:
meet_km:
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tracklocation: riverton-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Riverton TC