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Invercargill HRC 18 June 2022 – R3 – Roger Austin

ID: RIB9530

Respondent(s):
Roger Austin - Driver

Applicant:
Mr V Munro - Stipendiary Steward

Adjudicators:
Mr N Skelt

Persons Present:
Mr V Munro - Stipendiary Steward, Mr N McIntyre - Chairman of Stewards, Mr S Mulcay - Stipendiary Steward, Mr M Clement - CE RIB, Mr R Austin

Information Number:
A13858

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement - Careless Driving

Plea:
Admitted

Stewards Report

Results

Animal Name:
MUCHO FUERTE

Code:
Harness

Race Date:
18/06/2022

Race Club:
Invercargill Harness Racing Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R3

Hearing Date:
18/06/2022

Hearing Location:
Ascot Park Raceway, Invercargill

Outcome: Proved

Penalty: Driver Roger Austin was fined the sum of $300

Background

Following the running of Race 3, Bruce Colyer Auto Refinishers F&M Mobile Pace, Stipendiary Steward Mr Vinny Munro lodged an Information A13858, alleging the Respondent Driver Roger Austin drove carelessly when contacting the wheel of SIMPLY DELIGHTFUL (Tom Nally) near the 800m.

The Respondent endorsed the Information “I do admit the breach of the Rule” and confirmed that he understood the Rule and the nature of the charge.

Rule 869(3) (b) provides :

No Driver in any race shall drive carelessly.

Evidence

Using the available video replays, Stipendiary Steward Mr Munro had Chief Stipendiary Steward Mr Nigel McIntyre identify the horses involved in the incident. He showed head on and side on video replays highlighting MUCHO FUERTE making contact with the wheel of SIMPLY DELIGHTFUL by Junior Driver Tom Nally, near the 800m causing the horse to break.

Mr Austin stated that he had simply made an error of judgement.

Decision

The charge was admitted by the Respondent and therefore deemed proved.

Submissions For Penalty

Stipendiary Steward Mr Vinny Munro said that Mr Austin has had 55 lifetime drives, 24 last season and 3 this season.

Mr Munro believed the range of carelessness in this instance was in the low to mid.

Mr Munro confirmed that Mr Austin had had no previous breaches of the Rule and that he was an Owner, Trainer, Driver and that he drove from Oamaru south .

Mr Munro said the NZHR Penalty Guide was a 6 drive suspension or a $300 fine. Mr Munro also submitted that a fine in his opinion would be more appropriate as Mr Austin had very few drives and the season was coming to a close .

Mr Austin said he had 2 horses in work, one that would be ready to race late August along with MUCHO FUERTE which was involved in today’s incident.

Reasons For Penalty

The Adjudicative Committee assessed the breach as low to medium. Mr Austin has simply made an error of judgement in moving inwards contacting the wheel of SIMPLY DELIGHTFUL. A penalty of a 6 drive suspension was considered, however felt not appropriate in this instance, due to Mr Austin’s very light driving commitments, only having 3 drives this season.

A fine of $300 was felt appropriate given Mr Austin’s admission of the breach which was aggravated by the fact that SIMPLY DELIGHTFUL was seriously affected.

Conclusion

The Respondent Mr Austin was fined a sum of $300.

Decision Date: 18/06/2022

Publish Date: 21/06/2022