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Timaru HRC 1 October 2023 – R11 – Gary Shand

ID: RIB27936

Respondent(s):
Gary Shand - Driver

Applicant:
Stipendiary Steward - Mr Paul Williams

Adjudicators:
Dave Anderson

Persons Present:
Chief Stipendiary Steward - Mr Nigel McIntyre, Mr Williams, and Mr Shand

Information Number:
A20811

Decision Type:
Race Related Charge

Charge:
Diminishing chances

Rule(s):
869(3)(g) - Riding/driving infringement

Plea:
Admitted

Animal Name:
AIRIES GOLD

Code:
Harness

Race Date:
01/10/2023

Race Club:
Timaru Harness Racing Club

Race Location:
Phar Lap Raceway - State Highway 1, Washdyke, Timaru,

Race Number:
R11

Hearing Date:
01/10/2023

Hearing Location:
Phar Lap Raceway

Outcome: Proved

Penalty: Driver Gary Shand is suspended for 6 days

EVIDENCE:

Following the running of Race 11, Stipendiary Steward Mr Paul Williams presented an Information alleging a breach of Rule 869(3)(g) by Driver Mr Gary Shand.

Rule 869 provides:

(3) No driver in any race shall drive:

(g) in any manner capable of diminishing the chances of his horse winning.

Mr Shand stated he was conversant with the Rule, the Charge and confirmed he admitted the breach.

Mr Williams played the video of the race and had Mr McIntyre identify Mr Shand (AIRIES GOLD) beginning well from the mobile gate 6. Mr McIntyre said at the 1800m, Mr Shand had progressed to the parked position and driven forward, applying pressure to the leader BUDDY REIGN (K Cameron). He said this continued until 1300m, where Mr Shand applied more pressure and has drawn ½ a length clear of the leader. Mr McIntyre said Mr Shand relented somewhat at the 1000m, but is still only a neck off Mr Cameron. He said he stayed in this position until the 600m, where his horse tired markedly.

Mr Williams in summing up the Stewards evidence, said Mr Shand gave his horse no respite for a full lap, diminished its chances, and as a consequence, his horse compounded at the end of the back straight.

Mr Shand said his horse was just reacting to the pressure of NED KELLY (R Close) who was 3-wide outside him on entering the straight, until just before the final lap.

DECISION:

The Respondent having admitted the breach, the charge was found to be proved.

SUBMISSIONS FOR PENALTY:

Mr Williams stated there was a very similar breach last month with almost identical circumstances. In considering that breach, the Stewards would deem it appropriate to seek a suspension of no less than 6 days for Mr Shand.

Mr Shand made no submissions on Penalty and did not wish to defer any proposed suspension.

REASONS FOR PENALTY:

The RIB Harness Racing Guidelines provide an 8-day suspension starting point for a breach of the Rule.

Mr Shand has a clear record and admitted the breach, which are mitigating factors requiring a discount. In considering all factors, the Adjudicative Committee find a 6-day suspension appropriate in this case.

CONCLUSION:

Open Driver, Gary Shand is suspended from after the close of racing 1 October 2023, up to and including 23 October 2023.

Decision Date: 01/10/2023

Publish Date: 02/10/2023