Tuapeka HRC 24 October 2021 – R 7 – Mr Brent Barlcay

EVIDENCE:

Following the running of Race 7, The Crawford Family / Life Members mobile Race, Stipendiary Steward, Mr V Munro instigated an Information A16005 alleging that Mr B Barclay (American Eyretime) shifted inwards leaving the final bend and raced over a track marker resulting in his horse gaining an advantage.

Mr Barclay confirmed he did not admit the breach and he also confirmed that he understood the Rule and was present throughout the hearing .

Rule 869(7A) Every Driver who moves inwards .

( b ) that any part of the sulky does not protrude inside the marker line. It shall be a defence to a breach of this sub- rule if the driver establishes that the breach was attributable to the behaviour of his own horse or any other horse or driver in the race.

SUBMISSIONS:

At the commencement of the hearing the Committee asked both parties if the evidence given in the protest hearing information A16004 could be taken as a true and accurate record of the events that occurred both video and orally. All parties agreed and a further opportunity was given to both parties to add any further submissions.

Mr Renault reiterated that in his opinion that Mr Barclay’s timing was simply off and that he had gone too soon. If he had waited for a short time the gap would have appeared .

Mr Munro added that Mr Barclay has driven with a view to the future and that he has been proactive but unfortunately in this case the horses AB,S Tenants and Rakastella had not locked wheels and once again the Rule was very clear in his opinion.

Mr Barclay confirmed that he has made a slight error of judgement and that his horse was travelling well and he thought for safety reasons he would take the inside option.

REASON FOR DECISION:

The Committee reviewed the video replays and carefully considered all of the evidence. The explanation presented by Mr Barclay was plausible and it was simply very unfortunate that his proactive action in this instance did not result in a better outcome for both the horse, himself and the Connections.

There is no doubt American Eyretime was full of running however Mr Barclay’s decision has seen the horse gain a clear advantage when going on to win the race. Unfortunately his action has resulted in his sulky protruding inside the marker line in breach of rule 869(7A) and the Committee finds accordingly.

DECISION:

The charge was found proved.

SUBMISSION FOR PENALTY:

Mr Munro stated that Mr Barclay had had 8248 lifetime drives, 350 last season and 370 this season.

He also confirmed that Mr Barclay was an extremely busy driver and that he had 8 raceday drives today on the 10 race programme.
Mr Barclay had no previous breaches under this Rule.
Mr Munro submitted that a 2 day suspension may be an appropriate penalty given Mr Barclays outstanding record.
The aggravating factors in this instance were that American Eyretime who originally won the race has been disqualified affecting the Connections of the horse and the investors on it.

The starting point for a breach of the rule is a 4 drive suspension or a fine of $200 .

Mr Barclay did not seek a deferment of  suspension and he confirmed that he no driving commitments at the Methven Meeting 29/10/21 , Kaikoura 31/10/21, Kaikoura 1/11/21. He did confirm that he had some pending engagements at the NZMTC 9/11/21.

REASON FOR PENALTY:

The Penalty Guide starting point for protruding inside the marker line is a 4 drive suspension or a fine of $200.
Mr Munro quite rightly pointed out that a significant aggravating factor in this case is Mr Barclays drive, American Eyretime being disqualified from first placing in the Race obviously with consequential effects on the Connections and the investors .

The Committee takes the starting point of a 4 drive suspension and for the aggravating factor of the disqualification is satisfied that in Mr Barclays case that is the equivalent to a 2 day suspension. That is the period of suspension that the Committee imposes.

That penalty takes into account Mr Barclay’s outstanding driving record and his clear record under this Rule.

CONCLUSIONS:
Mr Barclays licence is suspended from after the close of racing from 24/10/21 up to and including the 7/11/21 ( 2 days ). The 2 days intended to be encompassed by the period of suspension are the Invercargill Harness 28/10/21 , Invercargill Harness 7/11/21.