NZ Metro TC – 17 November 2006 –

hearingid: fc20cc8c5d89f5fd46422269203a36af

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hearing_racingtype: harness-racing

startdate: 17/11/2006

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decisiondate: no date provided

hearing_title: NZ Metro TC - 17 November 2006 -

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Following the running of Race 11 Chief Stipendiary Steward Mr N. R. Escott laid an information alleging that during the running of Race 11, the Christchurch Casino NZ Free-For-All, Mr K. N. Larsen, the driver of "Howard Bromac" (1), committed a breach of Rule 869(2)(a)

Following the running of Race 11 Chief Stipendiary Steward Mr N. R. Escott laid an information alleging that during the running of Race 11, the Christchurch Casino NZ Free-For-All, Mr K. N. Larsen, the driver of "Howard Bromac" (1), committed a breach of Rule 869(2)(a). The charge reads as follows.

"I the above named informant allege that the above named Defendant committed a breach of Rule 869(2)(a) in that horseman K. Larsen used his whip excessively on Howard Bromac over the concluding stages."

Rule 869(2)(a), so far as it relates to the present charge, reads as follows.

The defendant indicated on the information that he did not admit the breach of this rule and he confirmed this at the hearing.

Stipendiary Steward Mr McIntyre used video coverage to show this incident. He also referred to the guidelines on "Use of the Whip", and Mr Larsen agreed that he was aware of these guidelines. These state as follows.

Mr Escott gave evidence that Mr Larsen was seen to use his whip in what was considered to be an excessive manner over the concluding stages of the race. In particular Mr Larsen used his whip on about 17 occasions from the 200 metre mark to about 20 metres from the finish of the race. The video coverage showed that Mr Larsen had been in the trail and when he obtained a run at about the 200 metre mark he used his whip unsparingly for the next 180 metres approximately. Mr Escott also said that each strike with the whip "were real decent hits". Mr Larsen finished in 4^th place.

Mr Larsen gave evidence that he believed that he had used his whip in an acceptable manner. He said that he had been spoken to by a Stipendiary Steward

on Cup Day about this matter and believed that his use of the whip today was within the Rules. Mr Larsen also said that he had stopped using his whip about "20 yards" before the winning post.

After hearing the evidence we adjourned to consider our decision. We were satisfied after seeing the video coverage of this incident that each strike with the whip was forceful and connected with "Howard Bromac's" rump. We had no doubt that the use of the whip was excessive.

On returning to the Enquiry Room we advised that full written reasons would be given later, and we gave the following oral decision.

"Having seen the video coverage, and having heard the evidence we are satisfied that the charge has been proved. Using the whip in such a way, about 17 times on the horses rump, over a distance of 180 metres is clearly excessive."

Mr Larsen made submissions and said that a fine of $450-00 "sounded excessive" to him.

We again retired to consider the matter of penalty. We took the following matters into account.

- Mr Larsen has a previous relevant conviction.

- This was a Group One race.

- Mr Larsen, to his credit, stopped using the whip about 20 metres short of the winning post.

- The range of penalties for a breach of this Rule in a Group One race ranges up to a fine of $600-00, although that case was probably worse than this one.

On returning to the Enquiry Room we advised the parties as follows.

"Mr Larsen we have had a talk about penalty, and what Mr Escott has recommended, and we do take into account that this is a Group One race, and we can recall penalties that have been higher than this in Group One races of recent times and we think that the recommended fine of $450-00 is fair and in line with other penalties. So you will be fined the sum of $450-00."

Chairman

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hearing_type: Old Hearing

Rules: 869.2, 869.2.a

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