In Race 4 at Victor Harbor on 26 December 2016, Ryan Hryhorec drove GETINBEHIND. An incident occurred at the finish of the race while GETINBEHIND was racing to the outside of WINTERFEEL (J. Webster). Further, after the race as both horses were pulling up in the back straight, another incident occurred. Both of these incidents were the subject of a stewards inquiry.
The evidence disclosed that after GETINBEHIND improved to the outside of WINTERFEEL near the 100 metres, WINTERFEEL shifted out approximately half a sulky width. Just prior to the finish line, R. Hryhorec turned GETINBEHIND toward WINTERFEEL abruptly. R. Hryhorec explained he was attempting to keep GETINBEHIND straight which would have forced J. Webster on WINTERFEEL to move way from GETINBEHIND, thereby ensuring a straight course. Of concern to the stewards was that R. Hryhorec was in no position to dictate the racing line of WINTERFEEL and by attempting to make GETINBEHIND race straight, his actions were likely to endanger both persons and horses.
In the back straight when both horses were pulling up after the race, R. Hryhorec has allowed GETINBEHIND to race up in close proximity to the sulky of WINTERFEEL.
R. Hryhorec pleaded guilty to charges under Rule 168(1)(e) and 168(1)(g) which read:
168. (1) A person shall not before, during or after a race drive in a manner which is in the opinion of the Stewards is:-
(e) improper, or
(g) likely to endanger person or horse.
The particulars of the charges being that R. Hryhorec has driven in an improper manner by deliberately and intentionally steering GETINBEHIND toward WINTERFEEL, at the finish of the race and this action was likely to endanger person or horse. Further, after the finish of the race, when GETINBEHIND was easing down and controllable, R. Hryhorec again directed GETINBEHIND toward Mr. Webster (WINTERFEEL), when in the opinion of the stewards there was no need to.
In determining penalty, stewards took into account
· previous penalties under the improper rule
· R. Hryhorec’s guilty plea
· that any suspension of drivers licence would result in a significant financial penalty
· that R. Hryhorec’s actions did not alter the finishing positions of horses and no horse galloped or was contacted.
· that it was an intentional act that served no purpose and could be dangerous
In relation to charge 1, (driving in an improper manner and likely to endanger person or horse at the finish of the race), R. Hryhorec had his licence to drive in races suspended for 4 weeks.
In relation to charge 2, (driving in an improper manner after the race), R. Hryhorec had his licence to drive in races suspended for 2 weeks.
Stewards ordered that both suspensions be served concurrently which means R. Hryhorec serves a total suspension of 4 weeks. This suspension will take effect from 17 January 2017. Mr. Hryhorec was advised of his appeal rights.
Barbara Scott
CHAIR OF STEWARDS
