Egan was charged with what steward Corie Waller described as a serious breach of AR135b, which relates to a jockey failing to take all reasonable and permissible measures throughout a race to ensure their mount is given full opportunity to win or obtain the best possible position.

Egan finished second on the Patrick Payne-trained Zizzis, who started a $2.20 favourite at Mornington on April 16.

Zizzis was previously unbeaten, with a debut win at Bendigo followed by victory in a $200,000 Magic Millions race at Morphettville on Adelaide Cup Day.

And while conceding Egan's ride was not the most pleasant to watch, Judge John Bowman and his fellow RAD Board panel members Darren McGee and Christopher Fox could not be satisfied that the charge could be sustained.

"We say at the outset that if the race was viewed as a whole, we can understand how there might be some query of your ride on such a well-fancied horse and we bear that in mind," Bowman said.

"Your overall ride and apparent lack of vigour might cause some punters to voice their disapproval even though Zizzis ran second.

"However, the whole race is not the subject of this charge, the stewards charge is specifically confined to three sections of the race, which could be described; immediately after the start, between the 600m and 400m, and from the 400m to the 250m.

"We viewed a number of videos of the Mornington race from various angles and from her previous wins, when the horse raced in a markedly different fashion, however, in those races she had drawn well and had a comparably long run in whereas Mornington she drew eight of eight, the course turns after about 150m, there is not an overly long straight section after that and then another tight home turn.

"Mr Payne as the trainer and an ex jockey had no criticism of the ride considering the circumstances, particularly given the barrier draw, the horse was in his belief a little disappointing but didn't attribute the fault to your ride.

"We have to be comfortably satisfied that the charge is being made out.

"The test is not for comparison to the perfect ride or not one of the stewards substituting a view as to how the horse should or otherwise been ridden.

"The question is whether we are comfortably satisfied in three separate sections of the race Zizzis was not given full opportunity to win or best possible placed.

"We could not be comfortably satisfied on the basis of the evidence before us in relation to those three sections of the race in question so the charge is dismissed.

"We will repeat our observations that you should be careful that your rides leave no room for doubt as to giving horses every possible chance and even allowing for your style of riding, you remember that those on the other side of the fence may see things differently."

The RV stewards had concern with Egan's actions in three sections of the race; arguing that he failed to make a sufficient attempt to remain with the bulk of the field, that between the 600m and 400m he did not make sufficient attempts to improve his position and then from the 400m to the 250m he remained on the back of Persuader, where he should have made an attempt to improve in to the race.

"We believe the ride is so far below what is expected from a rider of your experience," Waller said.

"The owners of the horse and the public were denied a chance for the horse to achieve the best possible position and such actions have the potential to erode public confidence in the racing industry."

Egan argued from barrier eight he was not in a position to work forward and settle midfield, as there was a chance he could have been posted wide, given there is a short run in to the first turn at Mornington from the 1000-metre start.

He also stated that he didn't elect to bustle his filly in the early stages as he was of the opinion the field would come back to him and there was no need to be urgent.

Jockey Nick Hall gave evidence in support of Egan's ride and said he would have ridden the filly the same given the circumstances. 

Payne also argued that he had no issue with the ride.