Auckland TC 31 December 2020 – R 7 – Chair, Mr A Smith
ID: JCA17907
Meet Title:
Auckland TC - 31 December 2020
Meet Chair:
ASmith
Meet Committee Member 1:
GJones
Race Date:
2020/12/31
Race Number:
R7
Decision:
The Committee finds the charge is proved to the requisite standard. The standard being on the balance of probabilities, which simply means it is more likely than not than the actions complained of did occur.
Penalty:
Mr Mangos Open Driver’s Licence is suspended for a period commencing after the close of racing on 21 January 2021 up to and including 12 February 2021 – 6 days.
Facts:
This is a defended hearing arising from the running of Race 7, the NZB Standardbred Harness Million1 C & G Mobile Pace 2200 (Group 1). An Information was filed by Senior Stipendiary Steward, Mr Muirhead, alleging Licensed Driver, Mr B Mangos (FIRST CLASS) used his whip with more than a wrist flicking motion over the concluding stages.
Mr Mangos endorsed the information “ I do not admit the breach of the Rule” but acknowledged he did understand the Rule and did not require the Rule to be read to him. Mr Mangos then indicated that he did not wish to be present for the hearing. When he was queried as to how he proposed to defend the charge whilst absent, Mr Mangos reconsidered his stance and decided that he would attend the hearing.
Rule 869 provides that:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Part 3 of the Whip and Rein Regulations provides as follows:
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purpose of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than is permitted by clause 3.1.
Submissions for Decision:
Senior Stipendiary Steward, Mr Muirhead commenced by reading the Use of Whip Regulations specifically clauses 3.1 & 3.2.
Using the available video footage (which included 4 different camera angles) Mr Muirhead identified Mr Mangos driving FIRST CLASS 3 deep on the running line on the approach to the home straight.
Mr Muirhead said that Mr Mangos activated his gear and with the whip in his right hand used his whip on his horse in a striking “up & down” motion on 7 occasions in the home straight. It was the Stewards position that those 7 strikes did not comply with the Use of Whip Regulations and the Stewards were unanimous that a charge should be bought against Mr Mangos.
Mr Mangos had no questions of Mr Muirhead in cross examination.
Mr Mangos said that his hands never left the rein’s and he was never “bashing” his horse. He said that he picked the reins up to try and keep the horse motivated and his application of the whip was all a wrist flicking action.
Under cross examination Mr Muirhead queried Mr Mangos as to whether his interpretation of the whip use was different to the Stewards interpretation. Mr Mangos confirmed that clearly there was a difference of opinion and that was why he was being charged.
Summing up – Informant
In summing up the case for the Informant Mr Muirhead referred the Committee to the Use of Whip Regulations and said that the video evidence supported the charge.
Summing up -Respondent
In summing up his defence Mr Mangos said the Committee needed to have a decent look at the video evidence. He said that in his view while it may have looked bad, this was due to him having the reins lifted up. Mr Mangos said that he wasn’t bashing the horse and there where pauses between the application of the whip and the horse would not likely have a mark on him.
Reasons for Decision:
After considering the evidence and reviewing the race films the Committee determined that the charge was proved to the requisite standard.
Mr Mangos whip action was, in the view of the Committee, in breach of r 869(2) and the Whip and Rein Regulations. Part 3 of the Whip and Rein Regulations make it clear that a driver is in breach if more than a flicking motion is used whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder. And a “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
The available films, establish that after entering the home straight Mr Mangos activates his gear and commences to strike his horse in a manner which utilises the use of both his shoulder and elbow. While Mr Mangos does keep the reins in both hands it is the Committee's opinion that his forearm is raised beyond 45 degrees relative to the racing surface on no less than 5 occasions during the concluding stages of the race. His application of the whip constitutes a breach of the Regulations.
Submissions for Penalty:
Mr Muirhead said that the breach occurred in a Listed race and based on the HRNZ Guidelines this constituted a 4 day suspension as a starting point. Mr Muirhead said it was a low level offence and Mr Mangos had breached the Rule previously on the 30th of October 2020 and also earlier this evening 31 December 2020.
Mr Mangos did not offer any submissions on penalty.
Reasons for Penalty:
At Mr Mangos request, the Committee excused him for the hearing to deliver penalty, so he could attend to his horses and remove them from the racecourse prior to the Fireworks commencing. The Stipendiary Stewards agreed to pass the penalty onto Mr Mangos.
This breach has occurred in a Listed Race with a value of $200,000. The starting point for a Listed Race whip regulation breach is a 4-day suspension and there are no compelling reasons for the Committee to consider a reduction from that starting point.
The Committee consider the breach to be a medium level breach. Mid-level offending is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.
Having assessed the level of the breach, and Mr Mangos record, we determine that it is appropriate to apply an uplift of 2 days.
It is concerning to the Committee that despite a liberal application of warnings in respect to whip use for driving regulation offences that a repeat offence in quick succession by Mr Mangos has occurred. The Public’s focus on animal welfare concerns in the Racing Industry is an issue that will continue to intensify and it is imperative that the participants make a concerted effort to drive within the Rules and Regulations.
Decision Date: 03/01/2021
Publish Date: 03/01/2021
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: fd89611bed1259b4589dd6652199ffe5
informantnumber: A12980
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: denied
penaltyrequired: 1
decisiondate: 03/01/2021
hearing_title: Auckland TC 31 December 2020 – R 7 – Chair, Mr A Smith
charge:
facts:
This is a defended hearing arising from the running of Race 7, the NZB Standardbred Harness Million1 C & G Mobile Pace 2200 (Group 1). An Information was filed by Senior Stipendiary Steward, Mr Muirhead, alleging Licensed Driver, Mr B Mangos (FIRST CLASS) used his whip with more than a wrist flicking motion over the concluding stages.
Mr Mangos endorsed the information “ I do not admit the breach of the Rule” but acknowledged he did understand the Rule and did not require the Rule to be read to him. Mr Mangos then indicated that he did not wish to be present for the hearing. When he was queried as to how he proposed to defend the charge whilst absent, Mr Mangos reconsidered his stance and decided that he would attend the hearing.
Rule 869 provides that:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
Part 3 of the Whip and Rein Regulations provides as follows:
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purpose of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than is permitted by clause 3.1.
appealdecision:
isappeal:
submissionsfordecision:
Senior Stipendiary Steward, Mr Muirhead commenced by reading the Use of Whip Regulations specifically clauses 3.1 & 3.2.
Using the available video footage (which included 4 different camera angles) Mr Muirhead identified Mr Mangos driving FIRST CLASS 3 deep on the running line on the approach to the home straight.
Mr Muirhead said that Mr Mangos activated his gear and with the whip in his right hand used his whip on his horse in a striking “up & down” motion on 7 occasions in the home straight. It was the Stewards position that those 7 strikes did not comply with the Use of Whip Regulations and the Stewards were unanimous that a charge should be bought against Mr Mangos.
Mr Mangos had no questions of Mr Muirhead in cross examination.
Mr Mangos said that his hands never left the rein’s and he was never “bashing” his horse. He said that he picked the reins up to try and keep the horse motivated and his application of the whip was all a wrist flicking action.
Under cross examination Mr Muirhead queried Mr Mangos as to whether his interpretation of the whip use was different to the Stewards interpretation. Mr Mangos confirmed that clearly there was a difference of opinion and that was why he was being charged.
Summing up – Informant
In summing up the case for the Informant Mr Muirhead referred the Committee to the Use of Whip Regulations and said that the video evidence supported the charge.
Summing up -Respondent
In summing up his defence Mr Mangos said the Committee needed to have a decent look at the video evidence. He said that in his view while it may have looked bad, this was due to him having the reins lifted up. Mr Mangos said that he wasn’t bashing the horse and there where pauses between the application of the whip and the horse would not likely have a mark on him.
reasonsfordecision:
After considering the evidence and reviewing the race films the Committee determined that the charge was proved to the requisite standard.
Mr Mangos whip action was, in the view of the Committee, in breach of r 869(2) and the Whip and Rein Regulations. Part 3 of the Whip and Rein Regulations make it clear that a driver is in breach if more than a flicking motion is used whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder. And a “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
The available films, establish that after entering the home straight Mr Mangos activates his gear and commences to strike his horse in a manner which utilises the use of both his shoulder and elbow. While Mr Mangos does keep the reins in both hands it is the Committee's opinion that his forearm is raised beyond 45 degrees relative to the racing surface on no less than 5 occasions during the concluding stages of the race. His application of the whip constitutes a breach of the Regulations.
Decision:
The Committee finds the charge is proved to the requisite standard. The standard being on the balance of probabilities, which simply means it is more likely than not than the actions complained of did occur.
sumissionsforpenalty:
Mr Muirhead said that the breach occurred in a Listed race and based on the HRNZ Guidelines this constituted a 4 day suspension as a starting point. Mr Muirhead said it was a low level offence and Mr Mangos had breached the Rule previously on the 30th of October 2020 and also earlier this evening 31 December 2020.
Mr Mangos did not offer any submissions on penalty.
reasonsforpenalty:
At Mr Mangos request, the Committee excused him for the hearing to deliver penalty, so he could attend to his horses and remove them from the racecourse prior to the Fireworks commencing. The Stipendiary Stewards agreed to pass the penalty onto Mr Mangos.
This breach has occurred in a Listed Race with a value of $200,000. The starting point for a Listed Race whip regulation breach is a 4-day suspension and there are no compelling reasons for the Committee to consider a reduction from that starting point.
The Committee consider the breach to be a medium level breach. Mid-level offending is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.
Having assessed the level of the breach, and Mr Mangos record, we determine that it is appropriate to apply an uplift of 2 days.
It is concerning to the Committee that despite a liberal application of warnings in respect to whip use for driving regulation offences that a repeat offence in quick succession by Mr Mangos has occurred. The Public’s focus on animal welfare concerns in the Racing Industry is an issue that will continue to intensify and it is imperative that the participants make a concerted effort to drive within the Rules and Regulations.
penalty:
Mr Mangos Open Driver’s Licence is suspended for a period commencing after the close of racing on 21 January 2021 up to and including 12 February 2021 – 6 days.
hearing_type: Hearing
Rules: 869(2) & Whip & Rein Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Mr B Mangos - Licensed Open Driver of FIRST CLASS
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 26fe911b556da2f6f0e191af1792ae95
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair: submitted
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ec33d3b907bb1928acc47284ecb071d8
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meetdate: 31/12/2020
meet_title: Auckland TC - 31 December 2020
meet_expappcomment:
meet_km:
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tracklocation: auckland-tc
meet_racingtype: harness-racing
meet_chair: ASmith
meet_pm1: GJones
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name: Auckland TC