Winton HRC – 6 March 2009 – Race 2

At the conclusion of Race 2, The Bremick Fasteners Mobile Pace, an information was lodged by Stipendiary Steward Mr CJ Allison under Rule 869(3)(b) alleging that with approximately 350 metres to run KN Larsen (DEAL ON THE DAY) attempted to improve on the inside of VIVACIOUS KYRA (AL Stratford) when there was insufficient room causing DEAL ON THE DAY to break.

Mr Larsen did not admit the charge.

Mr Knowles used several video clips to highlight the alleged incident, stating in his belief that Mr Larsen had attempted to improve on the inside of Mr Stratford's horse striking a wheel.

Mr Stratford (VIVACIOUS KYRA) said his horse stopped badly and that in his opinion there was not enough room on the inside for Mr Larsen to improve. Mr Stratford reported that his horse now has a severe case of colic and that he stopped far quicker than normal.

Mr Larsen said he was driving the hot favourite and that his horse was going very well at the time of the alleged incident. He said that Mr Stratford "ran off a little" and looked like he would go up even further. He also said that Mr Stratford's horse had stopped quicker than expected, that he had nowhere to go and that his horse galloped when Mr Stratford's horse came back on him.

DECISION:

The Committee were satisfied that there was insufficient room on the inside for Mr Larsen to improve and as a result, a breach of the rule has been proven.

In fixing penalty Mr Allison outlined Mr Larsen's recent driving record which showed a breach of the rule in November 2008 at Addington (Premier Meeting) where Mr Larsen received a fine of $500. Mr Allison stated that Mr Larsen was a Senior Horseman and the trainer of a large stable of horses, regularly having seven or eight raceday drives.

Mr Larsen believed there was some mitigating circumstances and wished the Committee to take these into account in fixing penalty.

PENALTY:

Mr Larsen was fined the sum of $250

N D Skelt

Chairman