Archive Decision

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Invercargill HRC 25 January 2020 – R 3 – Chair, Prof G Hall

ID: JCA10447

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Mr K Larsen - Open Horseman

Information Number:
A12713

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Invercargill HRC - 25 January 2020

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2020/01/25

Race Number:
R 3

Decision:

As Mr Larsen has admitted the breach, it is found to be proved.

Penalty:

Mr Larsen is suspended from the end of racing on 30 January up to and including 8 February. This is 2 Otago/ Southland meetings. He also fined the sum of $150 which we roughly equate to 2 drives.

Facts:

Mr Munro alleged that Mr Larsen (THE WHITE RABBIT) drove carelessly in the opening stages of race 3 in that he allowed his runner to make contact with the sulky wheel of COOLHAND EASTON which was pulled up.

Mr Munro demonstrated on the films and, in particular, the close-up shot, that the near-foreleg of THE WHITE RABBIT came into contact with a tyre on the cart of COOLHAND EASTON. The tube deflated and came off the rim. COOLHAND EASTON was retired from the race. The driver of COOLHAND EASTON, Mr Cox, confirmed to the Stewards that there had been contact.

Mr Larsen said he was easing back to get behind Mr Cox, and he must have come in a little bit. He had not realised at the time that there had been contact. It must have been slight as Mr Cox had not looked down straight away. He acknowledged he could see from the close-up film there had been contact and that there had not been pressure from his outside. He said he had apologised to Mr Cox after the race.

Submissions for Penalty:

Mr Munro produced the respondent’s record. He described Mr Larsen as an Otago /Southland driver who was getting more outside drives of late. Mr Larsen confirmed this.

Mr Larsen has had 32 drives this season and 85 last season. He has had 5226 lifetime drives. Mr Munro stated Mr Larsen’s record was excellent up until 31 December when he had a previous breach of the careless driving rule. He stated the circumstances of that breach differed to that before this Committee. Mr Larsen had had 12 drives since that breach.

Mr Munro identified the starting point in the JCA Penalty Guide as being a 6-drive suspension or a $300 fine, with the consequences of the breach to be taken into account. In this case COOLHAND EASTON, which was not a favoured runner, had lost its chance in the race. He submitted a 3-day suspension was appropriate, based on the fact Mr Larsen averaged 4 drives per meeting.

Mr Larsen said his record was very good under this rule, despite his previous breach in December last. He sought deferral of any suspension until after Wyndham on 30 January. Mr Munro had no objection to the deferment. Mr Larsen agreed he had about 4 drives a meeting but emphasised he was driving more frequently of late.

Reasons for Penalty:

The films evidence the fact that THE WHITE RABBIT has come into contact with the tyre of COOLHAND EASTON. The tyre has deflated and COOLHAND EASTON has been retired from the race as a consequence.

We take the 6-drive suspension starting point in the JCA Penalty Guide. We believe an uplift to 12 drives is appropriate in light of the fact that COOLHAND EASTON lost its chance in the race. After considering the respondent’s admission and that his record prior to 31 December was very good, we believe a 2-drive discount is appropriate. That leaves us with a 10-drive suspension. We calculate penalty on the basis that Mr Larsen has 4 drives per meeting.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 01260264aa29701f2ea8402f6f7a0b37


informantnumber: A12713


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 28/01/2020


hearing_title: Invercargill HRC 25 January 2020 - R 3 - Chair, Prof G Hall


charge:


facts:

Mr Munro alleged that Mr Larsen (THE WHITE RABBIT) drove carelessly in the opening stages of race 3 in that he allowed his runner to make contact with the sulky wheel of COOLHAND EASTON which was pulled up.

Mr Munro demonstrated on the films and, in particular, the close-up shot, that the near-foreleg of THE WHITE RABBIT came into contact with a tyre on the cart of COOLHAND EASTON. The tube deflated and came off the rim. COOLHAND EASTON was retired from the race. The driver of COOLHAND EASTON, Mr Cox, confirmed to the Stewards that there had been contact.

Mr Larsen said he was easing back to get behind Mr Cox, and he must have come in a little bit. He had not realised at the time that there had been contact. It must have been slight as Mr Cox had not looked down straight away. He acknowledged he could see from the close-up film there had been contact and that there had not been pressure from his outside. He said he had apologised to Mr Cox after the race.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Larsen has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Munro produced the respondent’s record. He described Mr Larsen as an Otago /Southland driver who was getting more outside drives of late. Mr Larsen confirmed this.

Mr Larsen has had 32 drives this season and 85 last season. He has had 5226 lifetime drives. Mr Munro stated Mr Larsen’s record was excellent up until 31 December when he had a previous breach of the careless driving rule. He stated the circumstances of that breach differed to that before this Committee. Mr Larsen had had 12 drives since that breach.

Mr Munro identified the starting point in the JCA Penalty Guide as being a 6-drive suspension or a $300 fine, with the consequences of the breach to be taken into account. In this case COOLHAND EASTON, which was not a favoured runner, had lost its chance in the race. He submitted a 3-day suspension was appropriate, based on the fact Mr Larsen averaged 4 drives per meeting.

Mr Larsen said his record was very good under this rule, despite his previous breach in December last. He sought deferral of any suspension until after Wyndham on 30 January. Mr Munro had no objection to the deferment. Mr Larsen agreed he had about 4 drives a meeting but emphasised he was driving more frequently of late.


reasonsforpenalty:

The films evidence the fact that THE WHITE RABBIT has come into contact with the tyre of COOLHAND EASTON. The tyre has deflated and COOLHAND EASTON has been retired from the race as a consequence.

We take the 6-drive suspension starting point in the JCA Penalty Guide. We believe an uplift to 12 drives is appropriate in light of the fact that COOLHAND EASTON lost its chance in the race. After considering the respondent’s admission and that his record prior to 31 December was very good, we believe a 2-drive discount is appropriate. That leaves us with a 10-drive suspension. We calculate penalty on the basis that Mr Larsen has 4 drives per meeting.


penalty:

Mr Larsen is suspended from the end of racing on 30 January up to and including 8 February. This is 2 Otago/ Southland meetings. He also fined the sum of $150 which we roughly equate to 2 drives.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Mr K Larsen - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: ccfde6a187b14f29a67b8d011138b382


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d797249807ffa851b7c886816898d9fd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/01/2020


meet_title: Invercargill HRC - 25 January 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Invercargill HRC