James Stormont Starting Out of Position Full Ruling.

[Chief Stipe]

Waikato BOP H 14 March 2022 – R2 – James Stormont

ID: RIB8612

Respondent(s):
James Stormont - Driver

Applicant:
Nigel McIntyre - Chairman of Stewards

Adjudicators:
Bryan Scott

Persons Present:
James Stormont - Driver of KELVINZ LUCK , Mr McIntyre

Information Number:
A11121

Decision Type:
Adjudicative Decision

Charge:
Starting from an incorrect Barrier position

Rule(s):
859(2)

Plea:
Admitted

Stewards Report

Results

Animal Name:
KELVINZ LUCK

Code:
Harness

Race Date:
14/04/2022

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R2

Hearing Date:
14/04/2022

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver James Stormont is fined $400

Following the running of the SENZ HANDICAP TROT an Information was lodged by Chairman of Stewards Mr N McIntyre against Driver Mr J Stormont the Driver of KELVINZ LUCK alleging that Mr Stormont was in breach of Rule 859(2) in that he permitted his horse to start from an incorrect Barrier position.

Rule 859(2) provides: No Driver shall permit a horse to start and no horse shall start other than from its correct barrier position or in advance of its correct barrier position (either at a standing , mobile or moving start) unless directed by the Starter.

Mr Stormont was present at the hearing and he acknowledged that he understood the Rule and that he admitted the breach.

Mr McIntyre demonstrated the incident by use of the race films and showed where KELVINZ LUCK was on the 20 metres mark and it started from the Unruly 1 position when it should have started from Unruly 2.

Mr Stormont for his part, said he had had a poor trip down to Cambridge and as a result his mind was not properly on the job. He said that this was the first time ever that he started out of position.

PENALTY SUBMISSIONS:

Mr McIntyre said that this was unlike Mr Stormont and he has a clear record under this Rule. He said that the starting point penalty was either a $400 fine or a suspension for 8 drives. He also said that the Stewards did not believe that Mr Stormont gained an advantage by starting from the wrong barrier even though KELVINZ LUCK went on to win the race.

Mr Stormont said he preferred a fine and he pointed to two other Drivers who received similar fines for the same offence.

DECISION:

The breach is admitted and accordingly the charge is upheld.

PENALTY REASONS:

Mr Stormont has won the race but the Stewards have said that he did not gain an advantage by starting from the incorrect barrier. He has won the race and that is an aggravating factor but this is cancelled out by his excellent record under this Rule.

The Adjudicative Committee sees no reason to deviate from the Starting Point Penalties advised by Mr McIntyre and is going to deal with this matter by way of a fine.

CONCLUSION:

This Adjudicative Committee imposes a fine of $400 on Mr Stormont.

 

[Chief Stipe]

 

[Gammalite]

On 4/20/2022 at 6:46 AM, Chief Stipe said:

This Adjudicative Committee imposes a fine of $400 on Mr Stormont

Do you think Chief they should fine both drivers in race 8 at Waikato , the same amount then?

Zac Butcher and Leah Hibell started in each others spot so should be a Double Whammy !!  $400 each ?

they ran 2nd and 3rd with Sky Delight and Allie May.

IMO they should let them both off ?, and fine the starter sitting in the mobile $1000  must of dozed off in there late in the day lol.

[Chief Stipe]

In Stormont's race didn't the other Unruly horse also start in the wrong position?

[Gammalite]

1 hour ago, Chief Stipe said:

In Stormont's race didn't the other Unruly horse also start in the wrong position?

I think before THE GALAH flew off somewhere , he had posted on occasion,  that in the Waikato harness racing, the Unruly runners start all over the place (some were back some 30m from their spot , etc when the starter let them go)

I think purposely on occasion??  by the drivers so they weren't startled by opponents etc. to get them away trotting.

No excuse from a mobile Pace though? like in race 8 ??. The number 6 horse was 'inside' the number 5 horse !! lol hehehe ya think someone would of noticed . (Especially the starter looking straight at them lol)