Auckland TC – 3 November 2006 –

hearingid: b03ce1f8403c2f8bce97b277fbf04eb9

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hearing_racingtype: harness-racing

startdate: 03/11/2006

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hearing_title: Auckland TC - 3 November 2006 -

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Information 66363 alleged a breach of Rule 869(3)(b) by Mr. Mangos for driving RHYTHMIC ROSE carelessly in Race 8 tightening CLASSIC VICOLO (J Compain) causing this horse to break with approximately 1400 metres to run.

Information 66363 alleged a breach of Rule 869(3)(b) by Mr. Mangos for driving RHYTHMIC ROSE carelessly in Race 8 tightening CLASSIC VICOLO (J Compain) causing this horse to break with approximately 1400 metres to run. The breach was not admitted and Mr. B Scott, the other member of the panel, elected to withdraw because of a possible conflict of interest.

With the consent of Mr. Mangos, Mr Muirhead relied on the evidence heard earlier in dealing with the Protest relating to this incident. That evidence, he submitted, established the breach in that as Mr Mangos elected to pass CLASSIC VICOLO he got too close causing tightening to it as shown on the video and confirmed by Miss Compain's evidence. As a result of that her horse had been forced on to and over the pylons causing it to run roughly and then break.

Mr Mangos denied that he had got too close or had cut off Miss Compain. He believed the pressure was marginal and Miss Compain should have been able to deal with it without breaking. He had not heard her call and he thought CLASSIC VICOLO started pacing roughly before the incident. There had been no contact from his horse as it improved and Miss Compain had admitted this at the earlier hearing.

The Committee, after taking these matters into consideration, is satisfied that the evidence establishes a breach by Mr Mangos. Although he denied causing the tightening in the first instance and said it was Miss Compain's fault this is not verified on the video. Miss Compain's evidence was clear that she was tightened and forced over the pylons by Mr Mangos and this is supported by the video. She conceded there had been no contact but said she had called out to Mr Mangos and took hold before breaking as she ran out of room. Whether Miss Compain should have acted differently or any other driver might have handled it better the fact remains that the incident would not have occurred if Mr Mangos had kept clear and therefore the breach is established to the satisfaction of the Committee.

In determining the penalty Mr. Muirhead confirmed that Mr Mangos had a good record with no charges involving a breach of this rule for over twelve months. He was a senior horseman and drove extensively and was entitled to credit for that. On the other hand this was a breach involving relegation but there were mitigating factors as Mr Mangos had explained in his evidence. On behalf of the Stipendiary Stewards he suggested a penalty of two days ought to be imposed or a fine in the vicinity of $500.

Mr Mangos objected to a fine of this amount and also to a suspension for two days. He suggested any breach was at the lower end of the scale because of the mitigating factors.

The Committee accepts that there are mitigating factors and does not believe a suspension is appropriate. It believes a fine is the appropriate penalty in this matter and taking into account his good record and the other mitigating factors outlined by Mr Mangos orders payment of $350.

E F DOHERTY

CHAIRMAN

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hearing_type: Old Hearing

Rules: 869.3.b

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