Waikato BOP HI 2 June 2018 – R 7 – Chair, Mr B Scott
ID: JCA18079
Meet Title:
Harness Racing Waikato - 2 June 2018
Meet Chair:
BScott
Meet Committee Member 1:
GHall
Meet Committee Member 2:
NMcCutcheon
Race Date:
2018/06/02
Race Number:
R7
Decision:
The breach is admitted and the charge is therefore upheld.
Penalty:
The Committee imposes a fine of $200.00 on Mr Barclay and also orders that his Horseman's Licence be suspended from the conclusion of racing on the 9th of June 2018 up to the conclusion of racing on the 15th of June 2018. One driving day.
Facts:
Following the running of the ALLIED SECURITY 4YO EMERALD an Information was lodged by Chief Stipendiary Steward Mr N Ydgren against open horseman Mr B Barclay alleging that Mr Barclay as the driver of ROYAL BENGAL failed to maintain his position on the mobile until dispatch.
Rule 857(7)(g) provides: no horseman shall fail to come up into and/or maintain his position.
Mr Barclay admitted the breach and although he advised the Committee that he did not want to be present at the Hearing he subsequently appeared to make submissions as to penalty.
Mr Ydgren demonstrated the incident by use of the race films and showed where Mr Barclay was initially in position but he allowed his horse to drift back from the Barrier and he was a considerable distance back at the start. Mr Ydgren said that Mr Barclay's explanation was that he misjudged the start and got it wrong. He further said that Mr Barclay did not have any problems with his horse.
Submissions for Penalty:
Mr Ydgren said that this matter would normally be dealt with under the Minor Infringement Schedule but taking into account the status of the race and the day he believed that a fine of $200,00 was appropriate. He said that Mr Barclay had an excellent record under this rule.
Mr Barclay (after being advised that the Committee was considering a fine of $400.00) addressed the Committee and sought a penalty of a lesser fine together with a suspension. He explained that the Southland Racing Season only had 2 meetings left and after that there were only 4 meetings at Forbury Park left. He advised that a fine of $400.00 would have a greater than normal impact on him although he was advised by the Committee that we were being consistent with the penalties given today. Mr Barclay advised that he gets a number of drives at Invercargill meetings and about 3 or 4 at Forbury meetings.
The Committee did however agree to impose a suspension and fine on Mr Barclay. In respect to the suspension Mr Barclay requested a deferment until after the Invercargill meeting on the 9th of June 2018.
Reasons for Penalty:
The Committee reviewed the films of the incident and the submissions of the parties. Mr Barclay has admitted the breach but in our view that was inevitable given the clear video evidence. Mr Barclay has a good record under this rule and that is taken into account. This however is a Group1 race on a Group 1 day and any penalty must reflect that.
The Committee therefore believes that a fine of $200.00 and a one day suspension would be appropriate. It would also be consistent with other penalties.
We grant Mr Barclay a deferment of any suspension until after racing on the 9th of June.
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: eb76dafd9a3fc0985c836e5fd256d76f
informantnumber: A10565
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Failed to maintain position at the start
plea: admitted
penaltyrequired: 1
decisiondate: 05/06/2018
hearing_title: Waikato BOP HI 2 June 2018 - R 7 - Chair, Mr B Scott
charge:
facts:
Following the running of the ALLIED SECURITY 4YO EMERALD an Information was lodged by Chief Stipendiary Steward Mr N Ydgren against open horseman Mr B Barclay alleging that Mr Barclay as the driver of ROYAL BENGAL failed to maintain his position on the mobile until dispatch.
Rule 857(7)(g) provides: no horseman shall fail to come up into and/or maintain his position.
Mr Barclay admitted the breach and although he advised the Committee that he did not want to be present at the Hearing he subsequently appeared to make submissions as to penalty.
Mr Ydgren demonstrated the incident by use of the race films and showed where Mr Barclay was initially in position but he allowed his horse to drift back from the Barrier and he was a considerable distance back at the start. Mr Ydgren said that Mr Barclay's explanation was that he misjudged the start and got it wrong. He further said that Mr Barclay did not have any problems with his horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and the charge is therefore upheld.
sumissionsforpenalty:
Mr Ydgren said that this matter would normally be dealt with under the Minor Infringement Schedule but taking into account the status of the race and the day he believed that a fine of $200,00 was appropriate. He said that Mr Barclay had an excellent record under this rule.
Mr Barclay (after being advised that the Committee was considering a fine of $400.00) addressed the Committee and sought a penalty of a lesser fine together with a suspension. He explained that the Southland Racing Season only had 2 meetings left and after that there were only 4 meetings at Forbury Park left. He advised that a fine of $400.00 would have a greater than normal impact on him although he was advised by the Committee that we were being consistent with the penalties given today. Mr Barclay advised that he gets a number of drives at Invercargill meetings and about 3 or 4 at Forbury meetings.
The Committee did however agree to impose a suspension and fine on Mr Barclay. In respect to the suspension Mr Barclay requested a deferment until after the Invercargill meeting on the 9th of June 2018.
reasonsforpenalty:
The Committee reviewed the films of the incident and the submissions of the parties. Mr Barclay has admitted the breach but in our view that was inevitable given the clear video evidence. Mr Barclay has a good record under this rule and that is taken into account. This however is a Group1 race on a Group 1 day and any penalty must reflect that.
The Committee therefore believes that a fine of $200.00 and a one day suspension would be appropriate. It would also be consistent with other penalties.
We grant Mr Barclay a deferment of any suspension until after racing on the 9th of June.
penalty:
The Committee imposes a fine of $200.00 on Mr Barclay and also orders that his Horseman's Licence be suspended from the conclusion of racing on the 9th of June 2018 up to the conclusion of racing on the 15th of June 2018. One driving day.
hearing_type: Hearing
Rules: Rule 857(7)(g)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr B Barclay - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3510830e98aab15a97dc74b567854a26
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: bceab936dcc310600f6aa604a55cb503
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/06/2018
meet_title: Harness Racing Waikato - 2 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: GHall
meet_pm2: NMcCutcheon
name: Harness Racing Waikato