Invercargill HRC 3 April 2025 – R9 – Ellie Barron

Mr Munro alleged that in Race 9, Ms Barron (ALWAYS ON SALE) drove carelessly near the 1250 metres when shifting inwards and contacting the leg of FLYING BIRD, which was checked and broke, losing ground.

Mr Sole demonstrated the incident on the videos. The Respondent was racing 3-wide towards the front of the field near the 1250 metres. She shifted in on the bend into the home straight the first time when not clear of FLYING BIRD (Mr Douglas) which was briefly one-out, one-back as DOUBLE JEOPARDY raced to the lead, and made contact with the legs of that horse, which broke as a consequence.

Mr Munro said Ms Barron’s obligation when shifting ground was to stay clear of FLYING BIRD, but the Stewards accepted that that horse had contributed to the incident, in that Mr Douglas had shifted out a little on the bend. FLYING BIRD was hanging out and was not tractable. Had Ms Barron shifted inwards another stride or 2 later, she would have been clear.

Ms Barron agreed she was shifting in and had hit the leg of FLYING BIRD. It was a misjudgement, but Mr Douglas had also come out at the time.

Mr Clark Barron said the Respondent was making an inwards move. Mr Douglas should have taken hold, rather than steering FLYING BIRD out.

Decision

As Ms Barron has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Munro produced the Respondent’s record, which showed that Ms Barron has had 1363 lifetime drives. She had recently returned from overseas and was driving again. She has had 75 drives this year. Her record is clear under this Rule. Mr Munro submitted the breach was low to mid-level.

Ms Barron accepted she had made a misjudgement and asked that the fine be as low as was appropriate in the circumstances.

Reasons for Penalty

The breach is mid to low-range. That Mr Douglas had shifted out a little on the bend is a mitigating factor. FLYING BIRD lost ground as a result of Ms Barron’s carelessness, but not its chance in the race. The Penalty Guide provides a starting point of a fine of $300 for a first such breach and a $500 fine for mid-range. A $400 starting point is appropriate. Ms Barron has a clear record under this Rule and has readily admitted the breach.  A penalty just below the starting point is appropriate.

Conclusion

Ms Barron is fined the sum of $350.