NZ Metro TC – 21 November 2008 – Race 4

hearingid: 72ef1fb15f7d75c8bed6a0bfa50b76d0

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hearing_racingtype: harness-racing

startdate: 21/11/2008

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decisiondate: no date provided

hearing_title: NZ Metro TC - 21 November 2008 - Race 4

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Decision:

Following the running of Race 4, the “Alabar” Sires Stakes Fillies (Heat 3), an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr K. N. Larsen, the driver of ‘Regina Coeli” (2), alleging that Mr Larsen had committed a breach of Rule 869(4).

Following the running of Race 4, the “Alabar” Sires Stakes Fillies

(Heat 3), an information was laid by Chief Stipendiary Steward Mr N. R. Escott against Mr K. N. Larsen, the driver of ‘Regina Coeli” (2), alleging that Mr Larsen had committed a breach of Rule 869(4).   The charge reads as follows.

“I the above named informant allege that the above named Defendant committed a breach of Rule 869(4) in that K. N. Larsen drove in a manner  likely to cause interference to Asset Rich (R. T. May) racing  into the first bend resulting in Asset Rich breaking and losing all chance.”

Rule 869(4) reads as follows.

“No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.”

Mr Larsen had indicated on the information that he did not admit this

breach of the Rules, and he confirmed this at the hearing.   Mr Larsen also agreed that he understood the Rule and the nature of the charge.

Chief Stipendiary Steward Mr N. R. Escott called three witnesses.  Mr R. T. May, the driver of “Asset Rich”, gave evidence that he ran out of room when Mr Larsen was in front of, but not clear of, his horse.  Mr Larsen questioned Mr May, but Mr May was quite firm that he was always up inside Mr Larsen’s horse, and that he had been forced down on to the markers, and that this had caused his horse to break.  Mr May also said he also called out to Mr Larsen to be given some room.

Stipendiary Steward Mr B. Williams gave evidence that he viewed the race from the top of the back straight.  He said that Mr Larsen had moved inwards a little when not clear of Mr May and this caused the incident.  Mr Williams also said that, in his opinion, there was no contribution to the incident by “Arden’s Darlin” which was racing on the outside of Mr Larsen’s horse.    

Stipendiary Steward Mr P. Knowles gave evidence that he viewed this race from the top of the home straight.  He gave similar evidence to that of Mr Williams.

Mr Larsen gave evidence that he realised at the time that Mr May was being tightened up, but it was his belief that this was caused by Mr Payne who was driving “Arden’s Darlin”.  He also said that he did try to pull his horse out, but that he couldn’t manage this in time, as his horse didn’t respond.  In summary it was Mr Larsen’s evidence that he was not totally responsible for this incident.

At the conclusion of the evidence we adjourned to consider our decision.  We were satisfied that Mr Larsen had allowed his horse to move inwards, and that this resulted in Mr May running out of room and being forced on to the markers.  We were also satisfied that the driving of Mr Payne had no bearing on this incident, and that the corrective action taken by Mr Larsen was too late.

On returning to the Enquiry Room we gave the following oral decision.

“Having seen the video coverage, and having heard the evidence, we are satisfied that after about 200 metres “Asset Rich” broke and lost it’s chance.

The evidence, from Mr May and Stipendiary Stewards Mr Knowles and Mr B. Williams, was that Mr Larsen drove his horse in such a manner that “Asset Rich” was forced on to the markers and broke.

Mr Larsen said that there was a contribution to the incident by “Arden’s Darlin” driven by Mr G. Payne, and that he did try to pull his horse out to give “Asset Rich” room.

          We have carefully considered all the evidence and are satisfied that Mr Larsen was the cause of the incident in that he tightened “Asset Rich” and that action taken by him to prevent the problem was too late.  We find the charge proved.”

Penalty:  

Mr Escott advised that the Mr Larsen had no relevant previous convictions. As this was a Premier race meeting, and having regard to the consequential effects, he recommended a fine of $750-00.

Mr Larsen submitted that the amount recommended was excessive. 

We adjourned to consider our decision as to penalty.  There had been two similar previous charges of careless driving at this Cup meeting, and this charge is very similar to careless driving.  Mr Holmes was fined $750-00 for his breach but he had two previous relevant convictions.  Mr Curtin was fined $500-00 for a similar breach, and he had no previous relevant convictions.

We also referred to the “Guides For Judicial Committees” on penalties.  The recommended penalty in a case such as this is a $500-00 fine or a suspension for 2 weeks.

We were satisfied therefore that an appropriate fine in this case was a fine of $500-00.  On returning to the Enquiry Room was advised the parties of our reasons, and Mr Larsen was fined $500-00.

J M Phelan

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hearing_type: Old Hearing

Rules: 869.4

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race_title: Race 4

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meetdate: 21/11/2008

meet_title: NZ Metro TC - 21 November 2008

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name: NZ Metro TC