Waikato BOP H 24 December 2022 – R5 – James Stormont
ID: RIB14128
Animal Name:
BUGALUGS
Code:
Harness
Race Date:
24/12/2022
Race Club:
Waikato BOP Harness Racing Inc
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R5
Hearing Date:
24/12/2022
Hearing Location:
Cambridge Raceway
Outcome: Proved
Penalty: Driver, James Stormont fined $200
Summary of Facts:
Following the running of Race 5, the Respondent, Driver, James Stormont, admitted a breach of Rule 858(1)(i) in that he was back from his position at dispatch when driving BUGALUGS.
The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.
Rule 858(1)(I) provides:
858 (1) A driver must not:-
(i) Fail to maintain his or her position.
Mr Dooley stated that Mr Stormont driving BUGALUGS, drawn 7 off the mobile arm, was well back off the gate when the start was initiated. BUGALUGS was at least 1 length out of position.
Mr Stormont elected to make no submissions on the incident.
Decision:
The charge is admitted by the Respondent and is therefore deemed proved.
Submission for Penalty:
Stipendiary Steward, Mr Dooley produced the Respondent’s record which indicated a previous breach on 29 September 2022 where he received a $100 fine under a MIN system. This current offence, he said, was Mr Stormont’s 2nd breach and therefore an Information was filed with the Adjudicative Committee. Mr Dooley submitted that a $200 fine be considered as penalty in this case.
Mr Stormont made no submissions regarding penalty.
Reasons for Penalty:
The Penalty Guide provides a penalty starting point of a $100 fine under the MIN system for a first offence.
After evaluating all factors, the Adjudicative Committee determined a $200 fine to be an appropriate penalty considering the circumstances of this case.
Conclusion:
Accordingly, Mr Stormont is fined the sum pf $200.
Decision Date: 24/12/2022
Publish Date: 13/01/2023