Invercargill HRC 17 June 2023 – R1 – Tristan Larsen

BACKGROUND:

Following the running of Race 1, Gil Shirley Memorial Maiden Trot, the Respondent Junior Driver, Tristan Larsen, as the Driver of HAIL STONE in the race, admitted a charge of using his whip with more than a wrist flicking motion in the run home.

The Respondent was assisted at the hearing by Licensed Open Driver, Kirk Larsen.

Rule 869 provides:

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

The Whip and Rein Regulations provide:

3.1  A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

3.2  For the purposes of Clause 3.1, “wrist only flicking motion” means:

3.2.1  Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

3.2.2. The forearm is not raised beyond forty-five degrees relative to the racing surface.

3.3.3  Not applying the whip with overt force.

EVIDENCE:

Stipendiary Steward, Rebecca Haley, showed a video replay of the final 200-300 metres of the race. She pointed out HAIL STONE, driven by the Respondent, racing in 3rd position as the field neared the home turn. After turning for home, Ms Haley alleged, the Respondent commenced using his whip and used it thereafter on a number of occasions in more than a wrist only flicking motion. The Respondent did revert to a compliant style over the final stages of the race, Ms Haley said. The breach was low- level, she said. The Adjudicative Committee noted that HAIL STONE finished in 3rd placing.

Mr Larsen Snr said that he had driven the horse in its last start and it is a horse that “runs in and runs out”. It was more a case of the Respondent hitting the horse to keep it straight, he said.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Ms Haley, said the Respondent has had lifetime drives of 450 – 103 this season and last season 142. He has a previous breach of the Whip Rules on his record – on 20 May 2023 at Invercargill HRC (fined $250 for using whip in more than a wrist only flicking motion). That was 11 drives ago and the breach on that occasion was low-level, she said.

The starting point for a low-level, second breach is a 3-days suspension, Ms Haley said. She said that a 2-days suspension would be appropriate, given the low-level nature of the breach and the Respondent’s status as a Junior Driver.

Mr Larsen Snr said that the Respondent is going to Australia on I July and will be driving there. Any suspension can start immediately, he said.

REASONS FOR PENALTY:

The breach is low-level, which is defined in the Penalty Guide as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”. The RIB Harness Racing Penalty Guide (February 2023), starting point for a second, low-level breach is a 3-days suspension.

The Adjudicative Committee takes the view that a commonsense penalty in the circumstances of this case, will be a 2-days suspension There are only two further meetings at which the Respondent could have driven prior to his travelling to Australia to gain experience. The Adjudicative Committee was told that the Respondent will be driving in Australia. The next meeting in the Otago-Southland area, after those meetings, is on 10 August 2023. The Respondent will be suspended for the two remaining meetings referred to – Forbury Park TC on 24 June and Winton HRC on 30 June 2023.

CONCLUSION:

The Respondent Junior Driver, Tristan Larsen, is suspended from after racing on 17 June 2023, up to and including 30 June 2023 – 2 days.