Forbury Park TC 22 June 2024 – R9 – Kirk Larsen

BACKGROUND

Following the running of Race 9, Open Driver Kirk Larsen admitted a breach of Whip Rule 869(2). The particulars of the charge are that, when driving WARD LAMON, he used his whip with more than a wrist flicking motion in the run home.

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the Board.

EVIDENCE

Mr Sole, with the assistance of Mr Renault, used the available films to identify Mr Larsen improving widest on the home turn with WARD LAMON. Mr Sole identified 3 whip strikes by Mr Larsen early in the run home that Stewards considered had been delivered with more than a wrist-flicking motion, and that were therefore in breach of the Whip and Rein Regulations.

Mr Larsen accepted the first two strikes were in breach of the Whip and Rein Regulations, but said he contested whether the third strike put forward by the Stewards was also in breach. Mr Larsen indicated he had fallen into old habits.

DECISION

As Mr Larsen has admitted the breach, it is found to be proved.

PENALTY SUBMISSIONS

Mr Sole produced the Respondent’s record, which showed that Mr Larsen had had 63 drives this season and 116 the last. Mr Larsen had a clear record under this Rule, though was warned about his whip use 12 drives previously. Stewards deemed this to be a low-end breach because Mr Larsen had returned to a compliant style.

Mr Sole submitted that the starting point for a low level breach of this Rule was a $300 fine or a 2 day suspension. Based, in part, on Mr Larsen’s stated preference for a fine, Stewards submitted that a $300 fine was an appropriate penalty.

There were no aggravating factors, Mr Sole said. He said Mr Larsen had admitted the breach, which could be seen as a mitigating factor. In response to a question from the Adjudicative Committee, Stewards confirmed that Mr Larsen’s previous whip breach was 6 January 2023, when he used the whip free of the rein.

Mr Larsen said he preferred a fine over a suspension, because there was only one more meeting left in Southland before the end of the season. He said he would prefer the fine to be as low as possible. He acknowledged that, at this stage of his career, he wasn’t driving as many horses at each meeting.

REASONS FOR PENALTY

Mr Larsen has used the whip on three occasions in the early stages of the home straight with more than a wrist flicking motion. He returns to a compliant style with the whip and reins for the remainder of the run home. The Adjudicative Committee finds this is a low level breach. The Penalty Guide provides a starting point of a $300 fine or 2 days’ suspension for a low level 1st breach of the Whip Rule. There are no aggravating factors. The Adjudicative Committee notes that it has been almost 18 months since the Respondent previously breached the Whip Rule. This is viewed in the context of Mr Larsen now driving less frequently. It is of further note that two of the three whip strikes found to be in breach on this occasion appear to carry some force. Taking all factors into consideration, the Adjudicative Committee considers a $300 fine to be the appropriate penalty.

CONCLUSION

Open Driver Kirk Larsen is fined $300.