Wyndham HRC 6 January 2023 – R4 – Kirk Larsen

ID: RIB13893

Respondent(s):
KIrk Larsen - Driver

Applicant:
Mr V Munro, Stipendiary Steward

Adjudicators:
Geoff Hall (Chair), Matt Conway

Persons Present:
Mr Munro, Mr Larsen

Information Number:
A13890

Decision Type:
Race Related Charge

Charge:
Using the whip free of the rein

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
ONELOVEONELIFE

Code:
Harness

Race Date:
06/01/2023

Race Club:
Wyndham Harness Racing Club

Race Location:
Cromwell Racecourse - Wanaka- Queenstown Highway, Cromwell,

Race Number:
R4

Hearing Date:
06/01/2023

Hearing Location:
Cromwell Racecourse

Outcome: Proved

Penalty: Driver, Kirk Larsen suspended for 2 days

Mr Munro alleged that in Race 4 Mr Larsen used his whip free of the rein on one occasion shortly after the start.

Mr Munro demonstrated the incident on the videos. The Respondent was in barrier 4 behind the mobile. Just after the field left the arm, he struck his horse, ONELOVEONELIFE, once with the whip free of the rein. He then placed his hands back on the reins. Mr Munro said the horse was hanging at the time.

Mr Larsen said he had got off the gate “good” and ONELOVEONELIFE had ducked in quickly and quite badly. He had taken his hand off the rein and had used the whip to straighten the horse. He said he was only half a length ahead of the horse to his inside at the time. ONELOVEONELIFE was wearing full rather than pull-down blinds for the first time. It was a safety issue and was a corrective measure.

Mr Munro did not disagree with Mr Larsen’s explanation.

Decision

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

Submissions as to penalty

Mr Munro produced the Respondent’s record which showed that Mr Larsen had had 3 drives since his last breach of this Rule. The Penalty Guide provides a 3-day suspension for a second breach within 6 months. Mr Munro submitted the breach was very low end and a penalty in accordance with the Penalty Guide was appropriate. He added the breach could not be lower, but the Adjudicative Committee should take into account the short time frame between the breaches.

Mr Larsen said there was no malice or intent. He reiterated it was a safety issue. He asked for any suspension to commence after the meeting on 11 January at Winton.

Mr Munro confirmed there was no malice or intent and said perhaps some leniency could be extended to Mr Larsen.

Reasons for penalty

The breach is very low end. The Penalty Guide provides a starting point of a 3-day suspension for a second breach. This is far from a typical breach of using the whip free of the rein provision. There was a safety issue in that the horse was ducking inwards and Mr Larsen’s response, in the heat of moment, was to use the whip free of the rein.

We have viewed the RIB Penalty Listings and there is a precedent (McCaffrey, December 2021, and March 2022) where a 2-day suspension was imposed on each occasion for a second and third breach of this Rule within the 6-month period. We believe when regard is had to the unusual circumstances of Mr Larsen’s breach that a similar penalty is appropriate.

Conclusion

Mr Larsen is suspended for 2 days. The suspension commences after racing on 11 January and concludes on 25 January 2023.

 

Decision Date: 06/01/2023

Publish Date: 12/01/2023