Wyndham HRC 6 January 2025 – R3 – Richard Austin

ID: RIB50369

Respondent(s):
Richard John Austin - Driver

Applicant:
Mr Nigel McIntyre - Chief Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
Mr Vinny Munro - Stipendiary Steward and Mr Austin

Information Number:
A21295

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:
06/01/2025

Race Club:
Wyndham Harness Racing Club

Race Location:
Cromwell Racecourse - Wanaka- Queenstown Highway, Cromwell,

Race Number:
R3

Hearing Date:
06/01/2025

Hearing Location:
Cromwell Racecourse

Outcome: Proved

Penalty: Driver Richard Austin is suspended for 5 days

EVIDENCE:

Following the running of Race 3, Chief Stipendiary Steward Mr Nigel McIntyre 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.

Stipendiary Steward Mr Munro played the final straight video and identified Mr Austin finishing down the inside half of the track at approximately the 250m and pointed to him using the old whipping style for approximately 150m, where he has struck his horse 10 times before returning to a compliant style.

Mr Austin made no submissions.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Munro said Mr Austin had been suspended 2 days ago under the Rule. He said this breach is in the high-range and the Stewards were seeking a 5-day suspension as penalty.

Mr Austin made no submissions on penalty.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 5-day suspension for a high-level breach.

Mr Austin has been non-compliant for 150m and therefore, his offending is in the high range. There are no other factors to consider, and the Adjudicative Committee finds a 5-day suspension, which will start at the conclusion of his suspension from Roxburgh, the appropriate sanction.

The Adjudicative Committee advised Mr Austin to make serious changes to his whip use.

CONCLUSION:

Mr Austin’s Licence to drive in races is suspended from the conclusion of racing on 26 January 2025, up to and including racing on 23 February 2025.

The meetings intended to be encompassed by the period of suspension are 30 January – Invercargill, 9 February – Winton, 16 February – Gore, 21 & 23 February – Cromwell.

Decision Date: 06/01/2025

Publish Date: 08/01/2025