Winton HRC 17 December 2017 – R 9 – Chair, Prof G Hall
ID: JCA14073
Meet Title:
Winton HRC - 17 December 2017
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2017/12/17
Race Number:
R 9
Decision:
As Mr Larsen has admitted the breach, it is found to be proved.
Penalty:
After a discount of $100 for both Mr Larsen’s very good record and his admission of the breach, the penalty is a fine of $375. Mr Larsen is reminded of is professional obligations.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that in race 9, the PG WRIGHTSON SALE OF THE STARS MOBILE PACE, Mr Larsen (STEIGER) shifted inwards checking SWAMP MAJOR (M Hurrell), which broke losing all chance near the 2000 metres.
The Easing Down Regulations provide: “Subject to r 869(3) Careless Driving … , horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.”
Mr Tidmarsh demonstrated on the videos that Mr Larsen was racing 3 wide with ROBS IDEAL behind him and on the pegs. Mr Hurrell was racing one off the fence. Mr Larsen had the advantage over Mr Hurrell and shifted inwards. The legs of the runner inside Mr Hurrell, ROBS IDEAL, were to the inside of Mr Hurrell’s wheel and thus he had nowhere to go when Mr Larsen endeavoured to ease him down.
Mr Tidmarsh explained that Mr Larsen was attempting to get on to the back of Mr Dunn and his sulky wheel struck the off side hind leg of SWAMP MAJOR. That horse broke and galloped out of the race.
Mr Larsen said he was trying to ease onto Mr Dunn’s back. He believed Mr Hurrell was also coming out to do the same thing. He did not believe he was 3 wide. It was 50/50. Significantly, he had not appreciated that the horse on the pylons had come forward at the speed it had. He said it was that horse’s legs and no more that were there and it was such a grey day and the weather was so bad, he had not seen this. He had looked back, and had thought there was room. Otherwise, he said, he would not have shifted.
Submissions for Penalty:
Mr Tidmarsh produced the respondent’s record. It was clear this season. Mr Larsen had had 37 drives this season and 123 the previous one. Mr Tidmarsh said the respondent drove in Southland on a regular basis.
Mr Tidmarsh said an aggravating feature of this breach was that this was a sharp manoeuvre by Mr Larsen and that SWAMP MAJOR’s chances were extinguished. He believed the breach was best described as mid to high range. He also emphasised that SWAMP MAJOR had required treatment by way of stitching to the off-hind leg. He submitted a $400 fine was appropriate.
Mr Larsen said he believed Mr Hurrell had contributed to the incident and asked us to take into account the fact that when he started his manoeuvre he was not aware ROBS IDEAL was there. He asked that he be fined rather than suspended.
Reasons for Penalty:
We believe the breach is best described as at the high end of mid-range. We agree with Mr Tidmarsh that the inwards move by the respondent is abrupt. Mr Hurrell was given very little time to move even were there an opportunity for him to shift down the track. On this occasion, there was not, as Mr Ferguson, driving ROBS IDEAL, has pushed through to Mr Hurrell’s inside on the pylons. We do not agree with Mr Larsen that Mr Hurrell has contributed to the incident although we do accept the weather conditions were far from ideal and this may have played a part in Mr Larsen not appreciating ROBS IDEAL was behind and to the inside of SWAMP MAJOR, and was progressing quickly.
The starting point in the Penalty Guide is a fine of $500 or 10 drives. We believe a fine is appropriate on this occasion. We uplift the starting point to $575 having regard to the abrupt nature of the shift, the fact that SWAMP MAJOR’s chances were extinguished and that the horse required post-race treatment. We have also factored Mr Larsen’s submissions into our calculation of the starting point.
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: 94eb86a2a9a786ee52c23ba6ee626ef5
informantnumber: A9776
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 19/12/2017
hearing_title: Winton HRC 17 December 2017 - R 9 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that in race 9, the PG WRIGHTSON SALE OF THE STARS MOBILE PACE, Mr Larsen (STEIGER) shifted inwards checking SWAMP MAJOR (M Hurrell), which broke losing all chance near the 2000 metres.
The Easing Down Regulations provide: “Subject to r 869(3) Careless Driving … , horsemen shall be permitted to make moves with safety, provided they are in a position to do so by having a “clear advantage” over the horse they are about to move inwards, and the horse is clear of other horses on its inside so it can be moved in and that the manoeuvre is conducted in a gradual and acceptable manner.”
Mr Tidmarsh demonstrated on the videos that Mr Larsen was racing 3 wide with ROBS IDEAL behind him and on the pegs. Mr Hurrell was racing one off the fence. Mr Larsen had the advantage over Mr Hurrell and shifted inwards. The legs of the runner inside Mr Hurrell, ROBS IDEAL, were to the inside of Mr Hurrell’s wheel and thus he had nowhere to go when Mr Larsen endeavoured to ease him down.
Mr Tidmarsh explained that Mr Larsen was attempting to get on to the back of Mr Dunn and his sulky wheel struck the off side hind leg of SWAMP MAJOR. That horse broke and galloped out of the race.
Mr Larsen said he was trying to ease onto Mr Dunn’s back. He believed Mr Hurrell was also coming out to do the same thing. He did not believe he was 3 wide. It was 50/50. Significantly, he had not appreciated that the horse on the pylons had come forward at the speed it had. He said it was that horse’s legs and no more that were there and it was such a grey day and the weather was so bad, he had not seen this. He had looked back, and had thought there was room. Otherwise, he said, he would not have shifted.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Larsen has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Tidmarsh produced the respondent’s record. It was clear this season. Mr Larsen had had 37 drives this season and 123 the previous one. Mr Tidmarsh said the respondent drove in Southland on a regular basis.
Mr Tidmarsh said an aggravating feature of this breach was that this was a sharp manoeuvre by Mr Larsen and that SWAMP MAJOR’s chances were extinguished. He believed the breach was best described as mid to high range. He also emphasised that SWAMP MAJOR had required treatment by way of stitching to the off-hind leg. He submitted a $400 fine was appropriate.
Mr Larsen said he believed Mr Hurrell had contributed to the incident and asked us to take into account the fact that when he started his manoeuvre he was not aware ROBS IDEAL was there. He asked that he be fined rather than suspended.
reasonsforpenalty:
We believe the breach is best described as at the high end of mid-range. We agree with Mr Tidmarsh that the inwards move by the respondent is abrupt. Mr Hurrell was given very little time to move even were there an opportunity for him to shift down the track. On this occasion, there was not, as Mr Ferguson, driving ROBS IDEAL, has pushed through to Mr Hurrell’s inside on the pylons. We do not agree with Mr Larsen that Mr Hurrell has contributed to the incident although we do accept the weather conditions were far from ideal and this may have played a part in Mr Larsen not appreciating ROBS IDEAL was behind and to the inside of SWAMP MAJOR, and was progressing quickly.
The starting point in the Penalty Guide is a fine of $500 or 10 drives. We believe a fine is appropriate on this occasion. We uplift the starting point to $575 having regard to the abrupt nature of the shift, the fact that SWAMP MAJOR’s chances were extinguished and that the horse required post-race treatment. We have also factored Mr Larsen’s submissions into our calculation of the starting point.
penalty:
After a discount of $100 for both Mr Larsen’s very good record and his admission of the breach, the penalty is a fine of $375. Mr Larsen is reminded of is professional obligations.
hearing_type: Hearing
Rules: 869(3)(b) Easing Down Regulations
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Mr K Larsen - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 47c6fe5fcd2d6bfe15c0397a3aa36828
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
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race_km:
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race_chair:
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meetid: d2292e131dd9d2b326f6545c7f9fe466
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meet_emailed1: 0
meet_emailed2: 0
meetdate: 17/12/2017
meet_title: Winton HRC - 17 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Winton HRC