Winton HRC 13 May 2023 – R4 – Richard Austin

Mr Munro alleged that in Race 4, Mr Austin when driving CALIFORNIA DREAMING, forced NALEDI (Mr N Williamson) wider on the track passing the 1050 metres.

Miss Haley demonstrated the incident on the videos. The Respondent was racing midfield with Mr Williamson driving NALEDI, progressing to a position outside his wheel. Mr Austin came out, forcing NALEDI wider on the track. Mr Williamson was left 3-wide briefly. Mr Austin then raced 3-wide to take a position outside the leader. Mr Austin finished second; Mr Williamson was fifth. The breach of the Push-Out Rule did not appear to impact upon NALEDI’s performance.

Mr Austin said it was clear from the videos that he had shifted out a little too soon. His horse was racing fiercely and that was why he came out when he did.

Decision

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

Submissions for Penalty

Mr Munro described the breach as low end. He produced the Respondent’s record which is clear under this Rule. Mr Austin has had 72 lifetime drives. Mr Munro submitted a penalty in accordance with the Penalty Guide was appropriate, with regard being had to record and admission of the breach. He said the starting point was a fine of $200. Mr Austin did not disagree with this.

Reasons for Penalty

The breach is low end. CALIFORNIA DREAMING was racing very keenly at the time and Mr Austin has made a misjudgement . There were no adverse consequences for Mr Williamson as a result of the push out. The Penalty Guide provides a starting point of a $200 fine for a first breach. A small reduction is appropriate for admission of the breach and excellent record.

Conclusion

Mr Austin is fined the sum of $150 and reminded of his obligations to other Drivers.