Waikato BOP H 22 May 2025 – R5 – James Stormont

Summary of Facts:

Following the running of Race 5, the Respondent J Stormont admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip in 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.

Stipendiary Steward S Renault used available video footage to demonstrate the breach.  Mr Renault said that Mr Stormont used his whip outside of the Guidelines on 6 occasions and over approximately 150m, before returning to a compliant manner.

In response, the Respondent questioned the Rule and specifically referred to the fact that he did not believe he raised his whip beyond 45 degrees (in relation to the racing surface) but acknowledged that he had admitted the breach. The Adjudicative Committee outlined to Mr Stormont that the 45 degree element was only part of the Regulations, other aspects include use of overt force, engagement of the shoulder and/or elbow.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced Mr Stormont’s record, which was clear.

Mr Renault said that Stewards assessed the breach to be mid-range and submitted that a penalty in line with the Guidelines would be appropriate.

Mr Stormont said he would rather have a fine; he was trying to make a living and if he was suspended, he received no income.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as mid range.

A medium-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.

A medium-level breach, the start point is either a fine ($500) or period of suspension (2 meetings).

The Adjudicative Committee identified that Mr Stormont used his elbow to generate additional force in his application of the whip on at least 5 occasions.

Having considered all factors, the Adjudicative Committee deemed a fine to be an appropriate penalty.

Conclusion:

The Respondent is fined $500.