Roxburgh TC 4 January 2025 – R4 – Richard Austin

ID: RIB50292

Respondent(s):
Richard John Austin - Driver

Applicant:
Mr Vinnie Munro - Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
Mr Nigel McIntyre - Chief Stipendiary Steward, Mrs R Haley - Stipendiary Steward, Mr Munro and Mr Austin

Information Number:
A20614

Decision Type:
Race Related Charge

Charge:
Using whip with more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule - Whip Regulations

Plea:
Admitted

Animal Name:
LA BAMBA

Code:
Harness

Race Date:
04/01/2025

Race Club:
Roxborough Trotting Club

Race Location:
Roxburgh Raceway - , ,

Race Number:
R4

Hearing Date:
04/01/2025

Hearing Location:
Roxburgh Racecourse

Outcome: Proved

Penalty: Driver Richard Austin is suspended for 2 days

EVIDENCE:

Following the running of Race 4, Stipendiary Steward Mr Vinnie Munro presented an Information alleging a breach of Rule 869(2) by Driver Mr Richard Austin.

Mr Austin stated he was conversant with the Rule, understood the Charge and confirmed his admission of the breach.

Mr Munro played the final straight video and identified Mr Austin finishing strongly down the inside of track at approximately the 200m and pointed to him using the old whipping style for approximately 100m, before complying with the Regulations.

Mr Austin said he has improved his technique, but not today.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Munro said Mr Austin had been warned under the Rule 2 drives ago. He said this breach is in the mid-range and he would leave it to the Adjudicative Committee to find an appropriate penalty.

Mr Austin said he would prefer a suspension over a fine and would like to defer any suspension until after the circuit is finished at Cromwell on 6 January.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 2-day suspension or a $500 fine for a first breach at mid-range.

Mr Austin has been non-compliant for approximately 100m and therefore, his offending is in the mid-range. There are no other factors to consider, and the Adjudicative Committee finds a 2-day suspension as the correct sanction.

CONCLUSION:

Deferment is granted and Mr Austin’s Licence to drive in races is suspended from the conclusion of racing on 6 January 2025, up to and including racing on 26 January 2025.

The meetings intended to be encompassed by the period of suspension are Northern Southland TC on 16 January and Riverton TC on 26 January 2025.

Decision Date: 04/01/2025

Publish Date: 06/01/2025