Wairio TC 28 January 2023 – R4 – Tristan Larsen

Following the running of Race 4, an Information was filed by Stipendiary Steward Vinny Munro alleging the Respondent Tristan Larsen breached Rule 869(4)(6)(b)(c) in that Mr Larsen, when driving ATARAH shifted outwards near the 1050 metre mark, forcing SHERWOOD MAGGIE (Miss O’Reilly).

The “Pushout” Rule (r869)(6)(b) provides that:

(6) Subject to sub-rule (4) hereof:

(b) a horse during any race shall not be forced to race wider on the track.

The Respondent did admit the breach and endorsed the Information accordingly. He was supported for the early part of the hearing by Senior Driver, Mr Kirk Larsen.

Stipendiary Steward Mr Shane Renault used the available race films to demonstrate the alleged breach. He pointed out ATARAH who was racing on the pylons at the rear end of the field, shift outwards at about the 1050 metre mark forcing SHERWOOD MAGGIE wider on the track.

Mr T Larsen agreed with Mr Renault’s summation and stated that he’d made an error of judgement.

Decision

As Mr Larsen has admitted the breach the charge is found proved.

Submissions for Penalty

Stipendiary Steward, Mr Munro said that Mr Larsen had had 364 lifetime drives and 17 drives this season and 142 drives last season. Mr Larsen had no previous breaches under this Rule. The starting point for a penalty is a 5 drive suspension or a $250 fine. Mr Munro said in recent times with a guilty plea, fines have been imposed of $200.

Mr Larsen highlighted his admittance of the breach in his submission.

Reasons for Penalty

The Adjudicative Committee found that this breach was very low end and had very minimal impact on SHERWOOD MAGGIE.  In fixing penalty, Mr Larsen’s excellent record and admittance of the breach was taken into account.

Conclusion

The Respondent Junior Driver Tristan Larsen is fined the sum of $200.