Waikato BOP H 10 July 2025 (heard 17 July 2025 at Cambridge) – R8 – James Stormont

Background:

Following the running of Race 8, the ‘Mid Winter Xmas Tickets on Sale Now Mobile Pace’, an Information was lodged alleging a breach of Rule 869(2) and the related Whip and Rein Regulations. Details are as follows:

‘in that he used his whip with more than a wrist flicking motion in the run home’.

Rule 869(2)provides:

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

A hearing was opened, adjourned and then heard at the Cambridge Raceway Meeting on 17 July 2025.

Details in respect of the alleged breach were read to the Respondent. He confirmed that he understood same and advised the Adjudicative Committee that he sought to defend the charge.

Evidence:

Using available film, Stewards identified the horse and incident. Upon straightening, STICK WITH ME was positioned 3 back and 1 out. Stewards contended that Mr Stormont struck his drive twice with more than wrist flicking motion, with a third being ‘borderline’. Stewards were comfortable that from this point, Mr Stormont drove (in restricted room) to the line in a compliant manner. When asked, Mr Stormont confirmed that his action was ‘questionable’, however he defended the charge on the basis that his action was not dissimilar to that of  Mr Josh Dickie (WHAT ABOUT ME), who was positioned directly to his outside at the time of the alleged breach.

Reasons for Decision:

For a charge to be upheld, the Adjudicative Committee  must be satisfied that the drive of the Respondent amounted to a breach of the Rule. To this extent, the Whip and Rein Regulations provide definition as to what is defined as ‘wrist only flicking motion’. Film sighted (front and side) identify, to the satisfaction of the Adjudicative Committee, that two strikes were applied by generating force by use of the elbow (Regulation 3.2.1).  Whilst the assertion of Mr Stormont, that his actions were not dissimilar to that of Mr Dickie is of interest, it cannot be taken into consideration in determining whether this charge may or may not be upheld. On consideration of film and submissions provided, the Adjudicative Committee found the charge proved.

Decision:

The charge is found proved.

Submissions as to Penalty:

Stewards outlined the Respondent’s record as it relates to any breach of this particular Rule, within the reference period. There is one noted, that being on 22 May 2025 at Cambridge, with a mid level breach resulting in a $500 fine. Stewards contended that the drive represented a low level breach and submitted that a penalty commensurate with the Penalty Guidelines would be appropriate.  The Respondent did not offer comment around penalty as such. He did express concern that penalties imposed under the current Guidelines, are out of line with that driving fee currently earnt by Drivers.

Reasons For Penalty:

The Adjudicative Committee assessed the breach as low level. A low level breach is when a Driver inadvertently reverts to the old style, but promptly takes corrective steps to return to a compliant style. The Penalty Guide provides for a starting point of a 3 day suspension for a low level breach – second offence within the two month reference period. The Adjudicative Committee found no compelling reason to divert from this. Deferment of imposed suspension was not requested.

Conclusion:

The Respondent’s Licence to drive in races is suspended for 3 days, from close of racing on 17 July 2025, up to and including 31 July 2025.