Manawatu HRC 20 November 2012 – R 6
ID: JCA15467
Meet Title:
Manawatu HRC - 20 November 2012
Meet Chair:
TUtikere
Meet Committee Member 1:
NMcCutcheon
Race Date:
2012/11/20
Race Number:
Race6
Decision:
The charge was deemed to be proved.
Penalty:
Mr Mangos was fined the sum of $300.
Charge:
Following Race 6, Open Horseman B Mangos was charged under Rule 869(2)(a). The information stated: ”Horseman B Mangos used his whip excessively when driving LIGHTENING LOVER over the concluding stages”.
Facts:
Submissions for Decision:
Using the side-on film, Mr Wallis identified Mr Mangos’ drive, LIGHTENING LOVER racing at the front of the field just prior to the 400m mark. Mr Wallis submitted that Mr Mangos used his whip on approximately 25 times over the concluding stages of the race. Whilst the majority of them were ‘back handers’, the stewards felt they were too continuous, hence the charge being laid.
Mr Mangos submitted that Mr Wallis was counting whip use from the 400m, which was a long way out from the finish. In his view he submitted that his whip action was not continuous until over the last 100m. He stated his horse was hanging badly on the bend, so he gave her two flicks with the whip, which almost tipped him out of the cart. Using the film he then pointed out that he had paused for around another 30m before issuing another two flicks as his horse continued to hang badly. He reiterated his view that it was unfair to count the whip use between the 400m and 150m as they included the required pauses in whip use. He pointed out that he flicked his horse on the inside continuously with the back hand after the 150m.
Mr Mangos advised the committee that on the first day, the filly went out red hot favourite but that she lost interest and dropped away at the 400m. She was vet checked and no problems were found. He believed that at the point of the turn on this occasion, his horse went to pull up again, and he drew parallels with her first day performance. He believed he was doing his best to try and keep the horse motivated.
The committee also asked to view the head-on film during the hearing to assist it in establishing the nature and number of times Mr Mangos used his whip in the home straight.
Reasons for Decision:
The committee accepted that between the 400m and 150m there were definite pauses in Mr Mangos’ whip action, and accordingly we deemed his whip use during this period as non-continuous; this can also be clearly seen on the films. However, it is clear that over the concluding stages of the race, and subsequently within the final 150m, Mr Mangos struck LIGHTENING LOVER approximately 15 times without pausing. Within the 15 strikes were strikes of a ‘back hand’ nature, which Mr Mangos, by his own admission, was upfront about. The Use of Whip Guidelines issued by Harness Racing New Zealand in relation to Rule 869(2)(a) deem ‘back handers’ within the definition of ‘use of the whip’. The guidelines go on to define ‘Excessive’ use of the whip as “too much” and relates to the number of times and/or the force in which the whip is used. It was the view of the committee, formed on evidence placed before it, that 15 continuous strikes without pause over the concluding stages was excessive in this circumstance.
Submissions for Penalty:
Mr Mangos indicated he did not want to make any submissions on penalty and that he was quite happy for the stipendiary stewards to submit on penalty in his absence. He stated that he would prefer to read about the penalty after it had been imposed. The chairman sought clarification from Mr Mangos that he was intending to leave the hearing, and did n ot wish to make submissions as to penalty. Mr Mangos confirmed this, thanked the committee and excused himself from the hearing.
Mr Wallis identified Mr Mangos as a very busy driver; last season having 477 drives and prior to today’s meeting he had undertaken 113 drives. He submitted that Mr Mangos had one previous breach of this rule within the last 12 months for a Group race, for which he was fined $300. The stipendiary stewards submitted a fine of $300 on this occasion would be appropriate as while the use of the whip was excessive, they did not believe this breach related to the force with which the whip was used.
Reasons for Penalty:
The committee gave consideration to the submissions placed before it and noted that the JCA Penalty Guidelines identified a starting point of a 10 drive suspension or a $500 for the second breach of this rule within a year. Although Mr Mangos did not admit the breach, we formed the view that there were mitigating features that collectively needed to be considered when determining an appropriate penalty. The committee placed the level of his actions in relation to excessive use of the whip at the low level. He was aware of the need to exercise pauses, and this was reflected during the final 400m of the race. He is a busy driver whose last breach of this rule was nearly 12 months ago, which is a mitigating feature for a busy driver. The committee also reviewed previous penalties imposed for breaches of a similar nature, and considered that a fine would be an appropriate deterrent on this occasion. The integrity of the whip use guidelines was also very important in light of increasing concerns from many sectors about animal welfare and the image of the racing industry as a result. Mr Mangos' excessive use of the whip did not assist in mitigating these negative perceptions.
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: 97023fc545c1b1ce6f1e1230d497de5a
informantnumber: A5649
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 30/10/2012
hearing_title: Manawatu HRC 20 November 2012 - R 6
charge:
Following Race 6, Open Horseman B Mangos was charged under Rule 869(2)(a). The information stated: ”Horseman B Mangos used his whip excessively when driving LIGHTENING LOVER over the concluding stages”.
facts:
appealdecision:
isappeal:
submissionsfordecision:
Using the side-on film, Mr Wallis identified Mr Mangos’ drive, LIGHTENING LOVER racing at the front of the field just prior to the 400m mark. Mr Wallis submitted that Mr Mangos used his whip on approximately 25 times over the concluding stages of the race. Whilst the majority of them were ‘back handers’, the stewards felt they were too continuous, hence the charge being laid.
Mr Mangos submitted that Mr Wallis was counting whip use from the 400m, which was a long way out from the finish. In his view he submitted that his whip action was not continuous until over the last 100m. He stated his horse was hanging badly on the bend, so he gave her two flicks with the whip, which almost tipped him out of the cart. Using the film he then pointed out that he had paused for around another 30m before issuing another two flicks as his horse continued to hang badly. He reiterated his view that it was unfair to count the whip use between the 400m and 150m as they included the required pauses in whip use. He pointed out that he flicked his horse on the inside continuously with the back hand after the 150m.
Mr Mangos advised the committee that on the first day, the filly went out red hot favourite but that she lost interest and dropped away at the 400m. She was vet checked and no problems were found. He believed that at the point of the turn on this occasion, his horse went to pull up again, and he drew parallels with her first day performance. He believed he was doing his best to try and keep the horse motivated.
The committee also asked to view the head-on film during the hearing to assist it in establishing the nature and number of times Mr Mangos used his whip in the home straight.
reasonsfordecision:
The committee accepted that between the 400m and 150m there were definite pauses in Mr Mangos’ whip action, and accordingly we deemed his whip use during this period as non-continuous; this can also be clearly seen on the films. However, it is clear that over the concluding stages of the race, and subsequently within the final 150m, Mr Mangos struck LIGHTENING LOVER approximately 15 times without pausing. Within the 15 strikes were strikes of a ‘back hand’ nature, which Mr Mangos, by his own admission, was upfront about. The Use of Whip Guidelines issued by Harness Racing New Zealand in relation to Rule 869(2)(a) deem ‘back handers’ within the definition of ‘use of the whip’. The guidelines go on to define ‘Excessive’ use of the whip as “too much” and relates to the number of times and/or the force in which the whip is used. It was the view of the committee, formed on evidence placed before it, that 15 continuous strikes without pause over the concluding stages was excessive in this circumstance.
Decision:
The charge was deemed to be proved.
sumissionsforpenalty:
Mr Mangos indicated he did not want to make any submissions on penalty and that he was quite happy for the stipendiary stewards to submit on penalty in his absence. He stated that he would prefer to read about the penalty after it had been imposed. The chairman sought clarification from Mr Mangos that he was intending to leave the hearing, and did n ot wish to make submissions as to penalty. Mr Mangos confirmed this, thanked the committee and excused himself from the hearing.
Mr Wallis identified Mr Mangos as a very busy driver; last season having 477 drives and prior to today’s meeting he had undertaken 113 drives. He submitted that Mr Mangos had one previous breach of this rule within the last 12 months for a Group race, for which he was fined $300. The stipendiary stewards submitted a fine of $300 on this occasion would be appropriate as while the use of the whip was excessive, they did not believe this breach related to the force with which the whip was used.
reasonsforpenalty:
The committee gave consideration to the submissions placed before it and noted that the JCA Penalty Guidelines identified a starting point of a 10 drive suspension or a $500 for the second breach of this rule within a year. Although Mr Mangos did not admit the breach, we formed the view that there were mitigating features that collectively needed to be considered when determining an appropriate penalty. The committee placed the level of his actions in relation to excessive use of the whip at the low level. He was aware of the need to exercise pauses, and this was reflected during the final 400m of the race. He is a busy driver whose last breach of this rule was nearly 12 months ago, which is a mitigating feature for a busy driver. The committee also reviewed previous penalties imposed for breaches of a similar nature, and considered that a fine would be an appropriate deterrent on this occasion. The integrity of the whip use guidelines was also very important in light of increasing concerns from many sectors about animal welfare and the image of the racing industry as a result. Mr Mangos' excessive use of the whip did not assist in mitigating these negative perceptions.
penalty:
Mr Mangos was fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: S Wallis – Stipendiary Steward
JockeysandTrainer: B Mangos – Open Horseman of LIGHTENING LOVER
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2c62b491197c1a6996f00a6edf13e113
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ece6778e23915337be61b49492ce90d1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/11/2012
meet_title: Manawatu HRC - 20 November 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: manawatu-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: NMcCutcheon
meet_pm2: none
name: Manawatu HRC