Waikato BOP H 2 March 2022 – R3 – James Stormont

Following the running of the TEAM TEAL WINE & CHEESE FUNDRAISER 10 MARCH MOBILE PACE AT CR an Information was lodged by Stipendiary Steward Mr A Dooley against Open Driver Mr J Stormont alleging that Mr Stormont as the Driver of LIEUTENANT ARDEN used his whip with more than a wrist flicking motion in the run home.

Rule 869(2) provides: 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.

The Whip and Rein Regulations in part 3.1 provide: a driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

Mr Stormont was present at the hearing and he understands the Rule and Regulations and has advised the Adjudicative Committee that he admitted the breach.

Stipendiary Steward Mr Dooley demonstrated the incident using the race films and he identified LIEUTENANT ARDEN and its Driver Mr Stormont. He showed where in the run home Mr Stormont used his whip about 6 times with more than a wrist flicking motion.

Mr Stormont acknowledged his actions and said that he was very frustrated with his horse. He said that he expected it to go better than it did and his frustration got the better of him.

DECISION:

The breach is admitted and therefore the charge is proved.

PENALTY SUBMISSIONS:

Mr Dooley said that this is Mr Stormont’s second charge in the last six months , the previous one being at Alexandra Park on the 5th of November 2021. He said that in terms of the Penalty Guidelines this charge warrants a suspension of Mr Stormont’s Drivers Licence for 3 to 5 days.

Mr Stormont made no submissions as to penalty but wanted to talk about the application of that penalty. In particular he said that if the Adjudicative Committee was going to impose a 3 day suspension then he would like the upcoming Manawatu meetings on the 15th and 17th of March to be taken into account. The Adjudicative Committee asked Mr Stormont if he had raced at the last Manawatu meetings and he said he had not but he said “I might take this horse down”.

Mr Dooley said that Mr Stormont had not raced at Manawatu since 2016. Mr Stormont did not challenge that.

PENALTY REASONS:

The incident is clearly shown on the race films and based on that evidence Mr Stormont has quite correctly admitted the breach. He has a problem however in that this is his second breach in 6 months and therefore he is subject to a 3 to 5 day suspension.

The Adjudicative Committee has decided to impose a 3 day suspension. As far as the application of that suspension is concerned the Adjudicative Committee does not take into account the Auckland Trotting Club’s meeting on the 4th of March for which Drivers have already been declared. The Adjudicative Committee also does not take into account the Manawatu Harness meetings because despite what Mr Stormont has said today he doesn’t go there.

Mr Stormont has elected not to take a deferment of his suspension because that would mean that he would miss the Auckland Trotting Club’s Premier meeting on the 25th of March.

CONCLUSION:

The Adjudicative Committee orders that Mr Stormont’s Driver’s Licence is suspended from the 5th of March 2022 until the conclusion of racing on the 24th of March 2022. That is 3 driving days being Cambridge on the 10th of March , Auckland on the 18th of March and Cambridge on the 24th of March.