Auckland TC 20 September 2013 – R 11 (heard on 4 October 2013 at Alexandra Park)
ID: JCA16704
Meet Title:
Auckland TC - 20 September 2013
Meet Chair:
GJones
Meet Committee Member 1:
AGodsalve
Race Date:
2013/09/20
Race Number:
R11
Decision:
The breach is admitted and is therefore proved.
Penalty:
Having taken all matters into account we impose a penalty of $250.
Charge:
The Information alleges that “horseman B Mangos used his whip excessively driving THREE KINGS over the concluding stages”.
Facts:
This charge was heard on 4 October 2013 after having been adjourned from the Auckland Trotting Club meeting on 20 September 2013. The charge arises from the running of race 11, the Trust House Wairarapa Mobile Pace at that meeting.
The Defendant, Open Horseman Mr B Mangos originally denied the breach and intended to defend the charge at a hearing date to be set by the Judicial Control Authority. However he subsequently changed his plea and advised the Registrar that he did not want to be
present at the hearing.
Mr Muirhead appeared at the hearing on behalf of the Informant and he demonstrated the incident by way of available video footage. He told the Judicial Committee (the ‘Committee’) that Mr Mangos, whilst driving the 3rd placed horse, THREE KINGS, used his whip excessively by striking his drive 21 times between the straight entrance and the winning post. He said that the use of the whip was excessive and continuous, therefore outside the use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Mangos was not present at the hearing and therefore made no submissions in support of his admission.
Submissions for Penalty:
Mr Muirhead produced the Driver Penalty Report which indicated that Mr Mangos has had 12834 lifetime drives and he generally has between 400 and 500 drives per season. He submitted that Mr Mangos’ overall record is good, but he has previously breached this particular rule within the last 12 months, namely on 20 November 2012 at the Manawatu Harness meeting. He assessed the breach as mid range.
Mr Muirhead submitted that the matter ought to be dealt with by way of a fine and recommended a fine of at least $200.
Mr Mangos did not lodge any submissions as to penalty.
Reasons for Penalty:
In consideration of the breach the Committee determined that Mr Mangos used his whip continuously at least 20 times in the home straight and noted that the strikes were continuous but of moderate intensity. We assessed the breach at low to mid range.
In assessing penalty we have taken into account the submissions of the Informant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. We have also given due weight to Mr Mangos’ good driving record, his belated admission of the breach and we have had regard for the number of drives that he generally has in a season.
The Committee has noted that Mr Mangos has previously breached this rule during the past 12 months. The Penalty Guidelines provide a starting point of 10 drives or $500 for a second breach.
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: d693564d5ede5a0a655e59f69b4f183d
informantnumber: A3818
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 20/09/2013
hearing_title: Auckland TC 20 September 2013 - R 11 (heard on 4 October 2013 at Alexandra Park)
charge:
The Information alleges that “horseman B Mangos used his whip excessively driving THREE KINGS over the concluding stages”.
facts:
This charge was heard on 4 October 2013 after having been adjourned from the Auckland Trotting Club meeting on 20 September 2013. The charge arises from the running of race 11, the Trust House Wairarapa Mobile Pace at that meeting.
The Defendant, Open Horseman Mr B Mangos originally denied the breach and intended to defend the charge at a hearing date to be set by the Judicial Control Authority. However he subsequently changed his plea and advised the Registrar that he did not want to be
present at the hearing.
Mr Muirhead appeared at the hearing on behalf of the Informant and he demonstrated the incident by way of available video footage. He told the Judicial Committee (the ‘Committee’) that Mr Mangos, whilst driving the 3rd placed horse, THREE KINGS, used his whip excessively by striking his drive 21 times between the straight entrance and the winning post. He said that the use of the whip was excessive and continuous, therefore outside the use of whip guidelines.
The use of whip guidelines provide that [R 869 (2) (a)]:
“No horseman shall during any race (a) use his whip in an unnecessary, excessive or improper manner”.
Mr Mangos was not present at the hearing and therefore made no submissions in support of his admission.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and is therefore proved.
sumissionsforpenalty:
Mr Muirhead produced the Driver Penalty Report which indicated that Mr Mangos has had 12834 lifetime drives and he generally has between 400 and 500 drives per season. He submitted that Mr Mangos’ overall record is good, but he has previously breached this particular rule within the last 12 months, namely on 20 November 2012 at the Manawatu Harness meeting. He assessed the breach as mid range.
Mr Muirhead submitted that the matter ought to be dealt with by way of a fine and recommended a fine of at least $200.
Mr Mangos did not lodge any submissions as to penalty.
reasonsforpenalty:
In consideration of the breach the Committee determined that Mr Mangos used his whip continuously at least 20 times in the home straight and noted that the strikes were continuous but of moderate intensity. We assessed the breach at low to mid range.
In assessing penalty we have taken into account the submissions of the Informant and we have also considered the Penalty Guidelines for Committees as well as recent penalties for similar breaches. We have also given due weight to Mr Mangos’ good driving record, his belated admission of the breach and we have had regard for the number of drives that he generally has in a season.
The Committee has noted that Mr Mangos has previously breached this rule during the past 12 months. The Penalty Guidelines provide a starting point of 10 drives or $500 for a second breach.
penalty:
Having taken all matters into account we impose a penalty of $250.
hearing_type: Hearing
Rules: R869(2)(a) Excessive Use of Whip
Informant: Mr J Muirhead (Stipendiary Steward)
JockeysandTrainer: Mr B Mangos (Open Horseman)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 70166603e875ad925823a82bfd0283a3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b13414fbaeb54f54391c9bbd4b60721a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/09/2013
meet_title: Auckland TC - 20 September 2013
meet_expappcomment:
meet_km: [{"Comment": [], "kmprice": 17.359999999999999, "MemberID": "GJones", "Member": "", "KMs": "28", "OtherExpenses": "0", "Total": 17.359999999999999, "MemberRole": "Chair ", "Approved": []}]
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: GJones
meet_pm1: AGodsalve
meet_pm2: none
name: Auckland TC