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Wyndham HRC 13 November 2011 – R 6

ID: JCA16452

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mrs K Barclay - Driver of BETTOR'S BRIGADIER

Other Person:
Mr A Milne - Driver of MATAI PRINCE, Mr D McLaughlin - Trainer of BETTOR'S BRIGADIER, Mr S Wallace - Stipendiary Steward

Information Number:
A5952

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
denied

Meet Title:
Wyndham HRC - 13 November 2011

Meet Chair:
NSkelt

Meet Committee Member 1:
ADennis

Race Date:
2011/11/13

Race Number:
Race 6

Decision:

The Committee thus find the charge proved.

Penalty:

The Committee considered the submissions carefully and believed that the degree of carelessness on this occasion was at the lower end of the scale. Mrs Barclay has made a simple error of judgement and the Committee agreed that the horse BETTOR'S BRIGADIER was a difficult horse to drive.

The Committee suspended Mrs Barclay from the conclusion of racing on Sunday 13th November 2011 up to the conclusion of racing on Sunday 20th November 2011 (effectively one lower South Island Racing Day).

Charge:

An information A5952 was lodged by Stipendiary Steward Mr C J Allison at the conclusion of race 6 The Washington VC Bryleigh Stud Mobile Pace alleging that Mrs K L Barclay (BETTOR'S BRIGADIER) shifted ground outwards with approximately 200 metres to run forcing MATAI PRINCE (A D Milne) onto CHIEF KAPAI (C M Hanna) with a resulting check to COMPOSITE (R H Swain).

Facts:

Stipendiary Steward Mr Allison showed the Committee several video clips of the alleged incident highlighting in his opinion the outward movement of BETTOR'S BRIGADIER shortly after the run into the straight.

Mr Allison stated that BETTOR'S BRIGADIER after moving out from three deep in the running came in contact with MATAI PRINCE causing that horse to break with a flow on effect to CHIEF KAPAI and then COMPOSITE. Mr Allison believed that both the head on and side on video clips of the incident clearly showed the alleged interference.

Mr A Milne (MATAI PRINCE) stated that his horse was under pressure at the time of the alleged incident and that there had been pressure from the inside and contact had been made with his horse's leg by the outward movement of BETTOR'S BRIGADIER driven by Mrs Barclay.

Mr Milne stated that his horse was able to stay on it's feet and that his horse did not contribute to the incident in any way.

Mrs K Barclay (BETTOR'S BRIGADIER) stated that her horse was a very difficult horse to drive and that he had a tendency to hang out which had been the case in his past two runs. Mrs Barclay stated that her horse had over reacted when coming out and veered right off and in her opinion it was clearly the horse's fault not hers. Mrs Barclay continued to state that she felt there was sufficient room for her to cone out and that her movement was not sharp and that she was not vigorous at any point when driving the horse out.

Mr McLaughlin (Trainer of BETTOR'S BRIGADIER) confirmed that his horse was a colt and was not an easy horse to drive and despite having some gear changes he was having difficulty in preventing the horse to hang out. He believed Mrs Barclay had done everything she could and it was more a matter of circumstance than Mrs Barclay's driving.

Submissions for Decision:

The Committee was satisfied that a clear breach of the rule had occurred. Mrs Barclay had moved out when not sufficiently clear of MATAI PRINCE making contact with this horse and causing it to break.

Reasons for Decision:

The Committee considered all of the video evidence which we believed was conclusive highlighting the outward movement of BETTOR'S BRIGADIER onto MATAI PRINCE. Mr Milne's evidence was also taken into consideration as it was clear that his horse did not contribute to the incident in any way.

Submissions for Penalty:

Mr Allison stated that Mrs Barclay had one previous breach under this rule on the 2nd March 2011 and was fined $300.00 and suspended for one race day. Mr Allison stated that he believed that this breach was far less serious and that the Committee should take into account this fact when fixing penalty.

Mr Allison stated that Mrs Barclay had 177 drives last season and 33 drives so far this current season and was a very experienced horsewoman however on this occasion he believed Mrs Barclay had made a simple error of judgement by moving out when not marginally clear.

Mrs Barclay stated that she was having up to four raceday drives at most meetings and that financially it was difficult in the industry at the present point in time. Mrs Barclay asked the Committee if it was possible for them to consider a suspension as opposed to receiving a monetary penalty on this occasion.

Reasons for Penalty:

The Committee was satisfied that a breach of rule 869)3)(b) had occurred. Mrs Barclay had moved out when not sufficiently clear of MATAI PRINCE causing that horse to break and lose it's chance.

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: b6f283c0d024d6aed3a13c634ac4fe06


informantnumber: A5952


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 14/11/2011


hearing_title: Wyndham HRC 13 November 2011 - R 6


charge:

An information A5952 was lodged by Stipendiary Steward Mr C J Allison at the conclusion of race 6 The Washington VC Bryleigh Stud Mobile Pace alleging that Mrs K L Barclay (BETTOR'S BRIGADIER) shifted ground outwards with approximately 200 metres to run forcing MATAI PRINCE (A D Milne) onto CHIEF KAPAI (C M Hanna) with a resulting check to COMPOSITE (R H Swain).


facts:

Stipendiary Steward Mr Allison showed the Committee several video clips of the alleged incident highlighting in his opinion the outward movement of BETTOR'S BRIGADIER shortly after the run into the straight.

Mr Allison stated that BETTOR'S BRIGADIER after moving out from three deep in the running came in contact with MATAI PRINCE causing that horse to break with a flow on effect to CHIEF KAPAI and then COMPOSITE. Mr Allison believed that both the head on and side on video clips of the incident clearly showed the alleged interference.

Mr A Milne (MATAI PRINCE) stated that his horse was under pressure at the time of the alleged incident and that there had been pressure from the inside and contact had been made with his horse's leg by the outward movement of BETTOR'S BRIGADIER driven by Mrs Barclay.

Mr Milne stated that his horse was able to stay on it's feet and that his horse did not contribute to the incident in any way.

Mrs K Barclay (BETTOR'S BRIGADIER) stated that her horse was a very difficult horse to drive and that he had a tendency to hang out which had been the case in his past two runs. Mrs Barclay stated that her horse had over reacted when coming out and veered right off and in her opinion it was clearly the horse's fault not hers. Mrs Barclay continued to state that she felt there was sufficient room for her to cone out and that her movement was not sharp and that she was not vigorous at any point when driving the horse out.

Mr McLaughlin (Trainer of BETTOR'S BRIGADIER) confirmed that his horse was a colt and was not an easy horse to drive and despite having some gear changes he was having difficulty in preventing the horse to hang out. He believed Mrs Barclay had done everything she could and it was more a matter of circumstance than Mrs Barclay's driving.


appealdecision:


isappeal:


submissionsfordecision:

The Committee was satisfied that a clear breach of the rule had occurred. Mrs Barclay had moved out when not sufficiently clear of MATAI PRINCE making contact with this horse and causing it to break.


reasonsfordecision:

The Committee considered all of the video evidence which we believed was conclusive highlighting the outward movement of BETTOR'S BRIGADIER onto MATAI PRINCE. Mr Milne's evidence was also taken into consideration as it was clear that his horse did not contribute to the incident in any way.


Decision:

The Committee thus find the charge proved.


sumissionsforpenalty:

Mr Allison stated that Mrs Barclay had one previous breach under this rule on the 2nd March 2011 and was fined $300.00 and suspended for one race day. Mr Allison stated that he believed that this breach was far less serious and that the Committee should take into account this fact when fixing penalty.

Mr Allison stated that Mrs Barclay had 177 drives last season and 33 drives so far this current season and was a very experienced horsewoman however on this occasion he believed Mrs Barclay had made a simple error of judgement by moving out when not marginally clear.

Mrs Barclay stated that she was having up to four raceday drives at most meetings and that financially it was difficult in the industry at the present point in time. Mrs Barclay asked the Committee if it was possible for them to consider a suspension as opposed to receiving a monetary penalty on this occasion.


reasonsforpenalty:

The Committee was satisfied that a breach of rule 869)3)(b) had occurred. Mrs Barclay had moved out when not sufficiently clear of MATAI PRINCE causing that horse to break and lose it's chance.


penalty:

The Committee considered the submissions carefully and believed that the degree of carelessness on this occasion was at the lower end of the scale. Mrs Barclay has made a simple error of judgement and the Committee agreed that the horse BETTOR'S BRIGADIER was a difficult horse to drive.

The Committee suspended Mrs Barclay from the conclusion of racing on Sunday 13th November 2011 up to the conclusion of racing on Sunday 20th November 2011 (effectively one lower South Island Racing Day).


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer: Mrs K Barclay - Driver of BETTOR'S BRIGADIER


Otherperson: Mr A Milne - Driver of MATAI PRINCE, Mr D McLaughlin - Trainer of BETTOR'S BRIGADIER, Mr S Wallace - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: fe48514983462036a806cbfb36cce828


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


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race_pm2:


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meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/11/2011


meet_title: Wyndham HRC - 13 November 2011


meet_expappcomment:


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meet_otherexp:


tracklocation: wyndham-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: ADennis


meet_pm2: none


name: Wyndham HRC