Tuapeka HRC 23 October 2022 – R9 (heard 27 October 2022 at Invercargill) – Brent Barclay

Background 

Mr Brent Barclay was charged under Rule 869(3)(b), Careless Driving, at the Tuapeka Harness Racing Club meeting on the 23rd October 2022.

The hearing was not able to be held on the day due to technical difficulties and was adjourned to the Invercargill Harness meeting on the 27th October 2022.

Summary of Facts

The Respondent Mr Brent Barclay admitted a breach of Rule 869(3)(b) namely that he allowed his horse XLENDI to move outwards near the 400m mark, striking the wheel of WHERE’S DADDY (M Hurrell) with the tyre puncturing.

Rule 869(3)(b) No driver in any race shall drive carelessly.

Using the available film footage Stipendiary Steward, Mr Vinny Munro, identified the horses in the incident. Mr Munro stated that Mr Barclay has moved out when not sufficiently clear and has struck the sulky wheel of WHERE’S DADDY.

Mr Barclay said it was very unfortunate, as his horse XLENDI has only barely made contact with WHERE’S DADDY, and that he had made a very minor error of judgement.

Decision 

The charge is admitted by the Respondent and it is therefore deemed proved.

Submissions for Penalty 

Miss Haley submitted that Mr Barclay had an excellent record under this Rule. She stated that Mr Barclay has had 8538 lifetime drives, 442 last season and 218 this season.

The Stewards believed that the level of carelessness was low.

The Penalty Guide provides a starting point of a $300 fine, the Stewards advised that a penalty of $250 was deemed appropriate.

Reasons for Penalty 

On this occasion, the Adjudicative Committee viewed the breach at the low level and given Mr Barclay’s excellent record and early admittance, a fine reduction from $300 to $250 was found appropriate.

Conclusion 

Mr Barclay was fined the sum of $250.