Winton HRC 8 December 2022 – R7 – Tristan Larsen

Background:

Following the running of Race 7, AW KYLE BUILDER MOBLE PACE 2400m, the Respondent, Driver Tristan Larsen, did not admit a breach of Rule 869(3)(b) in that, as the Driver of DURRANT in the race, he drove carelessly when hitting a wheel, and sulky, rounding the final bend.

The Respondent endorsed the Information “I do not admit the breach of the Rule” and confirmed that he understood the Rule, and the nature of the charge.

Mr T Larsen was supported in the room by Senior Driver Mr Kirk Larsen.

Rule 869(3) provides:

No driver in any race shall drive carelessly

Evidence:

Stipendiary Steward, Rebecca Haley, showed video replays of the incident with approximately 300 metres to run, highlighting DURRANT at the rear of the field.

Mr Munro continued by also highlighting UNSURPASSABLE (Brent Barclay), who was leading the field at the time, beginning to tire badly. At one point, showing DURRANT at least 7 horses behind UNSURPASSABLE, roughly about 12 lengths.

Mr Munro stated that Mr Larsen had elected to go down on the running rail, despite many of the Drivers in front of him electing to move out and go around the fading UNSURPASSABLE. Mr Munro also stated that Mr Larsen has made an error of judgement in that he has not taken enough care when his horse finally took up the available space and has driven carelessly hitting the wheel of UNSURPASSABLE rounding the final bend.

Mr Kirk Larsen said that it was a difficult situation, and that DURRANT was flat about the 300 metre mark from the finish line, and that once the horse finally got on the nickel he chased, but the horse itself had overreacted and was bolting at the time leading into the incident.

The Respondent said that his horse was flat and that he was in a situation of being zero to hero.

Mr Munro added that Mr Barclay had stated that his tyre had been hit by Mr Larsen’s horse DURRANT.

Reasons for Decision:

The video evidence is very clear that the Respondent has reacted too little and too late in this instance.

There was clear evidence that UNSURPASSABLE was tiring badly, and many other Drivers were proactive and took action.

The Respondent has simply made an error of judgement in this instance.

Decision:

The charge is accordingly proved.

Submissions for Penalty:

Mr Munro stated that the Respondent has had 333 lifetime drives, 163 last season, and 128 this season. He has had no previous breaches of this Rule and Mr Munro believed the carelessness was at a range between mid and low level.

Mr Munro confirmed that the Respondent would normally drive between 5 and 6 horses on any race day.

Mr Munro also stated that at a starting point for this breach, is a 3-day suspension.

The Respondent said he did not wish to apply for deferment of penalty. Mr Munro did add that the Invercargill Harness Meeting on 17th of December was a premier meeting.

Reasons for Penalty:

This is the Respondent’s first breach of the penalty within the time frames, which is a mitigating factor, and a mid to low level of the breach. Furthermore, very rarely is there a premier meeting in the Southland region, so should that date be taken into account, it would be significant for the Respondent.

In all of the circumstances, a 2-day suspension is an adequate penalty.

Conclusion:

The Respondent’s Junior Driver’s Licence is suspended from the close of racing on the 8th December 2022, up to and including the 17th December 2022, 2 days (the Invercargill Harness meetings on the 14th and 17th of December 2022).