Auckland TC 28 April 2017 – R 6 – Chair, Mr B Scott
ID: JCA13851
Meet Title:
Auckland TC - 28 April 2017
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2017/04/28
Race Number:
R6
Decision:
The breach is admitted and therefore the charge is upheld.
Penalty:
This Committee fines Mr Mangos $550.
Facts:
After the running of the MAGNESS BENROW SIRES STAKES CHAMPS MOBILE PACE G1, an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr B Mangos alleging that Mr Mangos when driving PUREST SILK shifted inwards near the 1200 metres mark when not sufficiently clear which resulted in THE SHOOTING STAR (Driver Z Butcher) being checked and losing its position.
Rule 869(4) provides: No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Mr Mangos admitted the breach and advised the Committee that he did not wish to be present at the hearing.
Mr Ydgren demonstrated the incident by use of the race films and showed where at about the 1200 metres mark Mr Mangos was 3 wide outside SHENANDOAH (Driver T Williams) and on his inside was THE SHOOTING STAR. Mr Williams maintained his position one out and Mr Butcher was encouraging his horse to move forward into the trail. Mr Mangos then sensing that there was room moved inwards and by doing so he pushed Mr Butcher's horse over pylons and this forced Mr Butcher to ease his horse out of its position.
Mr Ydgren then told the Committee that as far as he was concerned Mr Mangos was never clear of the inside horses and never in a position to move inwards in front of Mr Butcher's horse.
Submissions for Penalty:
In his submissions on penalty Mr Ydgren referred to the starting point penalty in the JCA Guidelines. He said that for a major race the penalty was suspension of Licence for 15 drives or a fine of $750.00. He then said that a "major race" means a race with stakes of $40,000 or more. He then submitted that because this was a Group One race with a total stake of $150,000 that the starting points should be significantly higher.
Mr Ydgren then said that the actions of Mr Mangos cost Mr Butcher the trailing position and that may have cost him a higher position at the finish. He then said that Mr Mangos is a very busy driver with an excellent record and he should be given credit for that but he repeated that the Stewards believed that any fine should be at least $750 or an uplift on that.
Mr Mangos was of course not present to make any submissions.
Reasons for Penalty:
The Committee viewed the race films several times and we agree with Mr Ydgren that there was insufficient room for Mr Mangos to move inwards in front of Mr Butcher and by doing so he did cause interference by affecting the progress of Mr Butcher's horse.
We believe however that the interference was low level and we cannot say that it affected the chances of Mr Butcher's horse. Certainly it put hm back one position but because there were still 1200 metres to run it may not have greatly affected his chances.
Mr Mangos must have been aware that he was putting pressure on Mr Butcher and he did cause interference in a "major race" and these are aggravating features.
We do however give Mr Mangos credit for his excellent record , his admission of the breach and the fact that the incident was low level.
Mr Ydgren has submitted to us that the starting point penalty should be higher because of the size of the total Stake for this race. We believe however that the authors of the JCA Guidelines took the view that any Stakes over $40,000 constituted a "major race" regardless of the total amount over and above the amount of$40,000. There may be occasions where an uplift is necessary in the case of an Auckland or NZ Cup but that discretion should always remain with the JCA Panel on the day.
We also have the benefit of JCA Penalty Schedules which give us details of previous penalties under this rule. There are 2 previous penalties in "major races" and we have advised Mr Ydgren that these involved an Open Horseman and happened at the finish of the respective races. One of those was in 2012 and involved a relegation and the Committee at that meeting imposed a $600 fine and in the second in 2016 a $300 fine was imposed.
We have taken all submissions into account and believe that in this instance a fine of $550 is appropriate.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 7700c262b076ad73f5a6992d594dcd46
informantnumber: A9107
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Interfering with the progress of another horse
plea: admitted
penaltyrequired: 1
decisiondate: 30/04/2017
hearing_title: Auckland TC 28 April 2017 - R 6 - Chair, Mr B Scott
charge:
facts:
After the running of the MAGNESS BENROW SIRES STAKES CHAMPS MOBILE PACE G1, an Information was lodged by Chief Stipendiary Steward, Mr N Ydgren against Open Horseman, Mr B Mangos alleging that Mr Mangos when driving PUREST SILK shifted inwards near the 1200 metres mark when not sufficiently clear which resulted in THE SHOOTING STAR (Driver Z Butcher) being checked and losing its position.
Rule 869(4) provides: No horseman shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.
Mr Mangos admitted the breach and advised the Committee that he did not wish to be present at the hearing.
Mr Ydgren demonstrated the incident by use of the race films and showed where at about the 1200 metres mark Mr Mangos was 3 wide outside SHENANDOAH (Driver T Williams) and on his inside was THE SHOOTING STAR. Mr Williams maintained his position one out and Mr Butcher was encouraging his horse to move forward into the trail. Mr Mangos then sensing that there was room moved inwards and by doing so he pushed Mr Butcher's horse over pylons and this forced Mr Butcher to ease his horse out of its position.
Mr Ydgren then told the Committee that as far as he was concerned Mr Mangos was never clear of the inside horses and never in a position to move inwards in front of Mr Butcher's horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is upheld.
sumissionsforpenalty:
In his submissions on penalty Mr Ydgren referred to the starting point penalty in the JCA Guidelines. He said that for a major race the penalty was suspension of Licence for 15 drives or a fine of $750.00. He then said that a "major race" means a race with stakes of $40,000 or more. He then submitted that because this was a Group One race with a total stake of $150,000 that the starting points should be significantly higher.
Mr Ydgren then said that the actions of Mr Mangos cost Mr Butcher the trailing position and that may have cost him a higher position at the finish. He then said that Mr Mangos is a very busy driver with an excellent record and he should be given credit for that but he repeated that the Stewards believed that any fine should be at least $750 or an uplift on that.
Mr Mangos was of course not present to make any submissions.
reasonsforpenalty:
The Committee viewed the race films several times and we agree with Mr Ydgren that there was insufficient room for Mr Mangos to move inwards in front of Mr Butcher and by doing so he did cause interference by affecting the progress of Mr Butcher's horse.
We believe however that the interference was low level and we cannot say that it affected the chances of Mr Butcher's horse. Certainly it put hm back one position but because there were still 1200 metres to run it may not have greatly affected his chances.
Mr Mangos must have been aware that he was putting pressure on Mr Butcher and he did cause interference in a "major race" and these are aggravating features.
We do however give Mr Mangos credit for his excellent record , his admission of the breach and the fact that the incident was low level.
Mr Ydgren has submitted to us that the starting point penalty should be higher because of the size of the total Stake for this race. We believe however that the authors of the JCA Guidelines took the view that any Stakes over $40,000 constituted a "major race" regardless of the total amount over and above the amount of$40,000. There may be occasions where an uplift is necessary in the case of an Auckland or NZ Cup but that discretion should always remain with the JCA Panel on the day.
We also have the benefit of JCA Penalty Schedules which give us details of previous penalties under this rule. There are 2 previous penalties in "major races" and we have advised Mr Ydgren that these involved an Open Horseman and happened at the finish of the respective races. One of those was in 2012 and involved a relegation and the Committee at that meeting imposed a $600 fine and in the second in 2016 a $300 fine was imposed.
We have taken all submissions into account and believe that in this instance a fine of $550 is appropriate.
penalty:
This Committee fines Mr Mangos $550.
hearing_type: Hearing
Rules: Rule 869(4)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Mr B Mangos - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6f76e940a1d534a32b7eb6aa0e004299
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 20d2712a48a1df0159d1a61d7c09702c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/04/2017
meet_title: Auckland TC - 28 April 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC