Invercargill HRC 23 April 2023 – R3 – Kirk Larsen

BACKGROUND:

Following the running of Race 3, Foveaux Communications Limited Mobile Pace, Driver, Kirk Larsen, admitted a breach in that, as the Driver of CAST A SHADOW in the race, he shifted ground outwards near the 1100 metres, forcing THE LADYBIRD (Jeremy Douglas) wider on the track.

Rule 869 provides as follows:

(4)     No driver 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.

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

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

(c)   a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

EVIDENCE:

Stipendiary Steward, Rebecca Haley, had Steward, Vinny Munro, point out the runners on a video replay of the Race, approaching the 1100 metres. He pointed out the relevant runners – CAST A SHADOW, driven by the Respondent, racing six places back on the markers, EMERALD ABBEY (Peter Hunter) to its outside and THE LADYBIRD following that runner.

He then showed Mr Hunter pull out 3-wide to follow BEAUTIFUL NOISE (Rory McIlwrick). Mr Douglas has elected not to shift out to 3-wide, but the Respondent has seen the gap and shifted out with Mr Douglas in line with or past his sulky wheel and, in doing so, has forced Mr Douglas’s runner to race 3-wide. The move was not sudden and it had been made prior to the 1000 metres, Mr Munro submitted.

The Respondent said that he had thought that Mr Douglas was following Mr Hunter out and there appeared to be plenty of room for him. Mr Douglas had elected to remain where he was and he had pushed him out, the Respondent said.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Rebecca Haley, told the hearing that the Respondent has had 40 drives this season and last season had 132 drives. Stewards saw the breach as a simple error of judgement on the part of the Respondent, she said.

The Respondent has a clear record. The Penalty Guide suggests a starting point for penalty of a $200 fine.

The Respondent repeated that it was not an intentional breach. He had made a split-second decision that had not worked out, he said. The breach was at the “lower end”, he submitted.

REASONS FOR PENALTY:

The Adjudicative Committee is satisfied that the appropriate penalty is a fine of $200 as per the RIB Harness Racing Penalty Guide (February 2023). Although there are mitigating factors (the Respondent’s good record and admission of the breach), they do not warrant any discount from the starting point in this instance.

CONCLUSION:

Driver, Kirk Larsen, is fined $200.