Auckland TC 16 December 2011 – R 10
ID: JCA16900
Meet Title:
Auckland TC - 16 December 2011
Meet Chair:
BScott
Meet Committee Member 1:
JHolloway
Race Date:
2011/12/16
Race Number:
R 10
Decision:
The Committee accordingly finds the charge proved.
Penalty:
The Committee imposes a fine of $300 on Mr Mangos.
Charge:
Breach of Rule 869(2)(a) - Excessive Use of the Whip.
Facts:
An Information was lodged by Stipendiary Steward, Mr N G McIntyre, against Mr B M Mangos, alleging that Mr Mangos used his whip excessively when driving BETTOR COVER LOVER over the concluding stages of the race.
Mr Mangos was present at the Hearing and he advised this Committee that he did not admit the breach.
Rule 869(2)(a) provides:
“No Horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
Mr Mangos queried the wording of the Rule and was advised that the charge was one of excessive use of the whip.
Submissions for Decision:
Mr McIntyre demonstrated the incident by use of the video films, and he showed Mr Mangos using the whip. He said that the first six strikes of the whip were broken up with pauses, but that the last fourteen were continuous. He said that Mr Mangos used the whip a total number of twenty times, and the combination of the number of times using the whip and the fact that fourteen times were continuous, meant that as far as the Stewards were concerned, the use of the whip was excessive.
Mr Mangos did not have any questions of Mr McIntyre.
Mr Mangos, for his part, said that his horse was four or five lengths off CARABELLA with 200 hundred metres to run, and although there were pauses between the initial strikes of the whip, he said that as far as the continuous strikes were concerned, the whip was used in a backhand fashion and that there was a pause short of the post. He did not believe that it was excessive.
Mr McIntyre did not have any cross examination.
Reasons for Decision:
The Committee has viewed the films on numerous occasions and has reviewed the evidence given by the parties. The Committee has noted the pauses in the first six strikes with the whip, and has noted that the continuous strikes were done by way of a backhand action. The Committee spent some time considering whether the use of the whip was excessive or not and at the end of the day, based on the number of strikes of the whip, decided that it was.
Submissions for Penalty:
Mr McIntyre submitted that Mr Mangos has a good record and that the use of the whip was in the mid range. He did however say, that it was in a Group 1 race and that many people would have been watching that race.
He submitted that this matter could be dealt with by way of a fine and that the starting point in the JCA Guidelines is $300, and he believed that that was appropriate.
Mr Mangos did not have any submissions as to penalty.
Reasons for Penalty:
The Committee considered the penalty submissions and acknowledges that many people would have been watching the finish of a Group 1 race. The Committee gives Mr Mangos credit for his good record and also, as far as the Committee is concerned, this is in the mid to lower end of the range as far as seriousness is concerned.
The Committee does believe however, that the starting point fine of $300 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: affb66133639ae6fc04f3829af56544d
informantnumber: 69172
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 20/12/2011
hearing_title: Auckland TC 16 December 2011 - R 10
charge:
Breach of Rule 869(2)(a) - Excessive Use of the Whip.
facts:
An Information was lodged by Stipendiary Steward, Mr N G McIntyre, against Mr B M Mangos, alleging that Mr Mangos used his whip excessively when driving BETTOR COVER LOVER over the concluding stages of the race.
Mr Mangos was present at the Hearing and he advised this Committee that he did not admit the breach.
Rule 869(2)(a) provides:
“No Horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
Mr Mangos queried the wording of the Rule and was advised that the charge was one of excessive use of the whip.
appealdecision:
isappeal:
submissionsfordecision:
Mr McIntyre demonstrated the incident by use of the video films, and he showed Mr Mangos using the whip. He said that the first six strikes of the whip were broken up with pauses, but that the last fourteen were continuous. He said that Mr Mangos used the whip a total number of twenty times, and the combination of the number of times using the whip and the fact that fourteen times were continuous, meant that as far as the Stewards were concerned, the use of the whip was excessive.
Mr Mangos did not have any questions of Mr McIntyre.
Mr Mangos, for his part, said that his horse was four or five lengths off CARABELLA with 200 hundred metres to run, and although there were pauses between the initial strikes of the whip, he said that as far as the continuous strikes were concerned, the whip was used in a backhand fashion and that there was a pause short of the post. He did not believe that it was excessive.
Mr McIntyre did not have any cross examination.
reasonsfordecision:
The Committee has viewed the films on numerous occasions and has reviewed the evidence given by the parties. The Committee has noted the pauses in the first six strikes with the whip, and has noted that the continuous strikes were done by way of a backhand action. The Committee spent some time considering whether the use of the whip was excessive or not and at the end of the day, based on the number of strikes of the whip, decided that it was.
Decision:
The Committee accordingly finds the charge proved.
sumissionsforpenalty:
Mr McIntyre submitted that Mr Mangos has a good record and that the use of the whip was in the mid range. He did however say, that it was in a Group 1 race and that many people would have been watching that race.
He submitted that this matter could be dealt with by way of a fine and that the starting point in the JCA Guidelines is $300, and he believed that that was appropriate.
Mr Mangos did not have any submissions as to penalty.
reasonsforpenalty:
The Committee considered the penalty submissions and acknowledges that many people would have been watching the finish of a Group 1 race. The Committee gives Mr Mangos credit for his good record and also, as far as the Committee is concerned, this is in the mid to lower end of the range as far as seriousness is concerned.
The Committee does believe however, that the starting point fine of $300 is appropriate.
penalty:
The Committee imposes a fine of $300 on Mr Mangos.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr N G McIntyre - Stipendiary Steward
JockeysandTrainer: Mr B M Mangos - Licensed Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 6275b618eda476b3eb93e24a6aa6903c
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: e0a5fc5e79990b6e0d5f528759f7b630
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/12/2011
meet_title: Auckland TC - 16 December 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: JHolloway
meet_pm2: none
name: Auckland TC