NZMTC 15 March 2024 – R4 – James Stormont

Summary of Facts:

Following the running of Race 4, the Respondent, Open Driver, James Stormont, admitted a breach of Whip Rule 869 (2).  The particulars of the charge are that when driving HEY BARTENDER he used his whip with more than a wrist flicking motion in the run home. 

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

General Manager of Stewards, Nigel McIntyre, used available video footage to demonstrate the breach. He pointed out Mr Stormont driving HEY BARTENDER racing in contention as the field turned for home. Mr McIntyre showed that Mr Stormont drew his whip and used it on 3 to 4 occasions with more than a wrist flicking motion over the early stages of the run home. Mr Stormont then returned back to a compliant style of whip use for the remainder of the race.

Mr Stormont stated that he was still having difficulty adhering to the new Whip and Rein Regulations.

 Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr McIntyre produced the Respondent’s record which indicated a previous breach on 2 February 2024 at Addington where a $400 fine was imposed.

Mr McIntyre said that Stewards assessed the breach to be low to mid-level and as it was Mr Stormont’s second breach within a 2 month period, submitted that it be dealt with by way of a 3 day suspension.

Mr Stormont elected to make no submissions in regard to penalty apart from requesting a deferment until after racing on Wednesday 20 March 2024 at Addington.

Reasons For Penalty:

After consideration of the evidence and submissions from all parties concerned and viewing the Race films of the concluding stages of the Race the Adjudicative Committee also assessed the breach as low to mid-level.

The Penalty Guide provides a 3-4 day suspension starting point for a second breach of this Rule with a low to mid level offence within a 2-month period.

It was determined that there were no aggravating factors to consider therefore no uplift warranted.

After taking consideration of all factors, including Mr Stormont’s frank admission of the breach, the Adjudicative Committee deemed a 3-day suspension to be an appropriate penalty.

Conclusion:

Mr Stormont’s application for a deferment of penalty until after racing on Wednesday 20 March 2024 is granted.

The Respondent is suspended for a period of 3 days commencing after racing Wednesday 20 March 2024 up to and including 27 March 2024. Relevant race days encompassed in this period of suspension are Addington-22 March, Waimate at Oamaru-24 March and Addington-27 March 2024.