Invercargill HRC 21 May 2022 – R3 – Kirstin Barclay

Evidence:

At the conclusion of Race 3, Southland Express Mobile Pace, information A16532 was lodged by the Informant, Miss R Haley alleging that Mrs K Barclay (WATTLEBANK ARNIE) drove carelessly racing into the first bend when insufficiently clear of MACANDREW NAVIGATOR (J Douglas) which was forced inwards onto HACKSAW RIDGE (M Williamson).

Mrs Barclay admitted the breach and confirmed that she understood the Rule and was present throughout the hearing.

Rule 869(3)(b) reads: no driver shall drive carelessly.

Miss Haley asked Stipendiary Steward Mr Renault to identify the 2 horses affected on the side on and front on videos.

Mr Renault stated that WATTLEBANK ARNIE had drawn 8 from the mobile gate and Mrs Barclay had pushed forward but was just not quite clear when she crossed over in front of MACANDREW NAVIGATOR which was forced forward onto HACKSAW RIDGE.

Mrs Barclay accepted that she had moved across too quickly, however did mention that the affected horses as a result of the slight interference did not have their chances affected with MACANDREW NAVIGATOR going on to win the race from the trailing position.

Decision:

Mrs Barclay having admitted the breach, the charge is found proved.

Submissions on Penalty:

Miss Haley produced Mrs Barclay’s record. She has had 3736 lifetime drives, 272 last season and 98 this season. She has no breaches under this Rule in the past 6 months. Miss Haley stated that she believed that the level of carelessness was low to mid range and that a suspension of 3 days may be appropriate in this instance. The Penalty Guide suggests a 10 drive suspension.

Mrs Barclay stated that she had 17 horses in work and that she had some commitments to the Ashburton meeting on 5 June. It was also noted that Mrs Barclay has driven in the Christchurch region on some occasions throughout the season.

It was agreed that Mrs Barclay on most occasions had on average 3 drives per Southern meeting.

Penalty:

The starting point in the Penalty Guide is a 10 drive suspension and the consequences in this case were not severe. It was deemed by the Adjudicative Committee that a 3 day suspension was appropriate. Mrs Barclay had simply made an error of judgement.

Mrs Barclay is suspended from the conclusion of racing on 21 May 2022 up to and including 6 June 2022.