Rangiora HRC – 20 August 2006 –

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startdate: 20/08/2006

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hearing_title: Rangiora HRC - 20 August 2006 -

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Following the running of Race 4, Colin De Filippi ? 2005/2006 Season Drivers Premiership Winner Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Junior Driver, Mr A J Shand, alleging that Mr Shand, as the driver of CONCENTRATE in the Race, used his whip unnecessarily in the run home.

Following the running of Race 4, Colin De Filippi ? 2005/2006 Season Drivers Premiership Winner Pace, an information was filed by Stipendiary Steward, Mr N Ydgren, against Licensed Junior Driver, Mr A J Shand, alleging that Mr Shand, as the driver of CONCENTRATE in the Race, used his whip unnecessarily in the run home.

Mr Shand was present at the hearing of the information and was assisted by Licensed Open Driver, Mr G A Shand. Mr Shand admitted the breach and the charge was found to be proved.

Mr Ydgren showed a video replay of the final stages of the Race. He pointed out Mr Shand towards the rear of the field turning into the final straight. Mr Shand pulled his horse wide in the straight and, Mr Ydgren alleged, used his whip approximately 20 times and did not improve his position. He had no real chance of finishing in a dividend or stakes bearing placing.

Mr Shand submitted that, in the run home, he had passed four horses and finished in 8^th placing. He further stated that he did not actually hit the horse once. He said that the horse was a "lazy horse" and he was attempting to "wind him up". Mr Shand acknowledged that it did look bad. Mr G A Shand said that the horse, which was owned by the defendant, had never been hit with the whip in any of its races. However, the defendant had gone out there to finish in the best possible position and the horse had finished on, he submitted.

In relation to penalty, Mr Ydgren informed the Committee that Mr Shand had not previously appeared on any charge. He recommended a fine of $200.

Mr Shand said that he had held a Junior Driver's Licence since the end of November 2005 and today's drive was his 30^th. Mr Shand said that he was attending University and it would be difficult for him to pay a fine. Mr G A Shand said that the defendant's driving opportunities were limited and the horse was racing at the moment. He would not like to see the defendant "on the sideline". Mr Shand said that he would prefer a fine to a suspension.

The Committee found that to use the whip on some 20 occasions, albeit not on the horse, when the horse had no chance whatsoever of finishing among the placegetters was not only unnecessary but also unacceptable and the use of the whip in such circumstances had to be deterred. However, the Committee was satisfied that, having regard to Mr Shand's admission of the breach, his previous good record and his financial circumstances, that the recommended fine of $200 was appropriate and Mr Shand was fined the sum of $200 accordingly.

In addition, Mr Shand was spoken to advisedly.

R G McKenzie

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