Gore HRC 27 December 2021 – R2 – Brent Barclay

ID: RIB6628

Respondent(s):
Brent Barclay - Driver

Applicant:
Miss R Haley, Stipendiary steward

Adjudicators:
Mr N Skelt

Persons Present:
Mr M Barclay, Mr V Munro, Stipendiary Steward

Information Number:
A 16509

Decision Type:
Adjudicative Decision

Charge:
Careless driving

Rule(s):
869(3)(b) - Careless driving

Plea:
Admitted

Animal Name:
IN THE GROOVE

Code:
Harness

Race Date:
27/12/2021

Race Club:
Gore Harness Racing Club

Race Location:
Gore Racecourse - 136 Gore-Mataura Highway, Gore, 9772

Race Number:
R2

Hearing Date:
27/12/2021

Hearing Location:
Gore

Outcome: Proved

Penalty: Mr Barclay fined $250

SUMMARY OF FACTS :

Following the running of  Race 2, the Hokonui Honda Trot, Stipendiary Steward, Miss R Haley presented an Information alleging a breach of Rule 869(3 )(b) by Driver, Mr B Barclay which was admitted.

Mr Barclay confirmed he understood the Rule and that he admitted the charge and that he was conversant with the Rule.

EVIDENCE:

Stipendiary Steward, Mr Munro showed the Race replay and identified Mr Barclay, IN THE GROOVE, racing 3 wide at about the 400 metre mark to run, hitting the wheel of  CAEN, Miss S Tomlinson with the tyre deflating and coming off the rim.

Mr Munro said that Miss Tomlinson had confirmed that there had been a slight touch from the horse directly behind her as it moved out.

Mr Barclay agreed with Mr Munro’s comments saying he didn’t even realise that he had come in contact with the wheel.

REASONS FOR DECISION:

Mr Barclay having admitted the breach the charge is proved.

SUBMISSIONS FOR PENALTY:

Miss Haley stated that Mr Barclay had a clear record under this Rule and the Stewards believed the offence was at the very low end of carelessness.   Miss Haley stated that Mr Barclay has had 8312 lifetime drives , 350 drives last season and 435 this season .The Penalty Guide recommends a fine of $300 as a starting point.

Mr Barclay said he was not aware of the touch and believed the breach was at the very low end. .

REASONS FOR PENALTY:

The committee considered a starting point of $300 with the penalty being reduced by $100 for Mr Barclay’s outstanding driving record and the breach being at the low end and Mr Barclay had admitted the breach.

An aggravating factor was CAEN had his chances extinguished.  An uplift of $50 being imposed as a consequence of this.

CONCLUSION:

Mr Barclay was fined the sum of $250.

Decision Date: 27/12/2021

Publish Date: 28/12/2021