Wyndham HRC 8 September 2022 – R4 – Brent Barclay

Summary of Facts:

Following the running of Race 4 Information A16538 was lodged by Stipendiary Steward Shane Renault alleging under Rule 869(2) (Whip and Rein Regulations) that the Respondent Mr Brent Barclay (MAYOR DOLMIO) used his whip with more than a wrist flicking motion in the run home.

The Respondent Mr Barclay was present at the hearing and endorsed the Information and confirmed that he understood the Rule and the nature of the charge.

Rule 869(2) provides that: No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board. 

Mr Renault asked Stipendiary Steward Miss Haley to highlight the incident on the video clips. Mr Renault stated that Mr Barclay had used his whip with more than a wrist flicking motion 3 or 4 times from 150 metres out from the winning post.

The Respondent Mr Barclay said that he had simply made an error of judgement in this instance.

Decision:

The charge is admitted by the Respondent Mr Barclay, and is therefore deemed proved.

Submissions for Penalty:

Mr Renault stated that Mr Barclay had been warned on the 1st of July under this Rule, which was 21 drives ago and this is why the charge has been brought today. Mr Renault said that the breach was at the low end of the scale and the Stewards were seeking a fine of $200 on this occasion.

Mr Renault stated that Mr Barclay has had 8502 lifetime drives, 442 last season and 190 this season.

The Respondent Mr Barclay had no submissions on penalty.

Reasons for Penalty:

After consideration of the evidence from all parties concerned, and viewing the race films of concluding stages of the race, the Adjudicative Committee assessed the breach as low level.

A low level penalty for a first breach of the Rule is a $200 fine.

Having considered all factors, the Adjudicative Committee deemed a $200 fine to be an appropriate penalty.

Conclusion:

The Respondent Mr Barclay is fined the sum of $200.