Riverton TC 4 May 2025 – R7 – Richard Austin

Mr Munro alleged that in Race 7, Mr Austin (CALIFORNIA DREAMING) failed to concede his position near the 1300 metres when being shifted down the track and broke in consequence.

The charge was under r 869(4) which provides:

No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

Mr Munro demonstrated the incident on the videos. The Respondent was racing one off the markers near the rear of the field at the 1300 metres, with Mr B Williamson to his outside and space to his inside. Mr Williamson had an advantage over Mr Austin and shifted down on the track. Mr Austin kept his position and eventually galloped. Mr Munro said the move by Mr Williamson was over a reasonable amount of time — some 4 pylons or 40 metres. As Mr Austin held his position, the inside wheel of Mr Williamson’s cart hit the back leg of CALIFORNIA DREAMING and that horse galloped as a result.

Mr Austin accepted the Stewards’ analysis of the video and that he was in the wrong. He was aware that Mr Williamson was wanting to push him down, but was not aware that he should have conceded his position.

Decision

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

Submissions as to Penalty

Mr Munro produced the Respondent’s record, which showed that Mr Austin has had 6 drives this season and 20 the last. He has had 107 lifetime drives. His record is clear. Mr Munro submitted the breach was low-range. Mr Austin lost ground, but did not lose all chance in the race.

Mr Austin said he would prefer a suspension to a fine.

Reasons for Penalty

The breach is low-range. Mr Austin has failed to concede his position when Mr Williamson, who had an advantage over him, was endeavouring to push him down on the track. The Penalty Guide provides a starting point of a fine of $300 or a 2-day suspension for a first such breach. A mitigating factor is that Mr Austin has admitted the breach. There is no reason to uplift the penalty from the 2-day starting point.

Conclusion

Mr Austin is suspended from driving from the end of the meeting today, 4 May, up to and including 18 May 2025. This is 2 days.