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Cambridge-Te Awamutu HRC 29 December 2010 – R 3

ID: JCA13600

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Mr B Mangos

Other Person:
Mr J Muirhead - Stipendiary Steward

Information Number:
68486

Hearing Type:
Hearing

Rules:
Rule 869(4) and Passing Lane Regulations 4

Plea:
denied

Meet Title:
Cambridge - Te Awamutu HRC - 29 December 2010

Meet Chair:
BScott

Meet Committee Member 1:
JHolloway

Race Date:
2010/12/29

Race Number:
R3

Decision:

The Information is dismissed.

Charge:

Failing to maintain a straight course in the run home causing ROYAL TIGER [Driver P Ferguson] to be denied clear running and eventually break.

Facts:

Mr Ydgren charged Mr Mangos with failing to maintain a straight course in the run home of Race 3 when driving MISTAKEN IDENTITY causing ROYAL TIGER [Driver P Ferguson] to be denied clear running and eventually break.

Rule 869(4) states:" No horseman shall during any race do any thing which interferes or is likely to interfere with his own horse and/or any other horse or its progress."

Passing Lane Reg (4) states:" In the last lap of any race the leading horse on the running line shall , upon entering the home straight,maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane "

Mr Ydgren arranged for Mr Muirhead to demonstrate the incident by use of the video films and this showed Mr Mangos and MISTAKEN IDENTITY in the lead turning for home. The film showed MISTAKEN IDENTITY running in as it reached the passing lane and then it moved out and subsequently moved in again and Mr Ferguson on ROYAL TIGER was coming along the inside and eventually ran out of room and broke.

The film not only showed the movements of MISTAKEN IDENTITY in the straight but also that Mr Mangos used the whip once prior to the turn and then not again until near the finish.

Mr Ydgren said that Mr Mangos drove his horse in the straight and drove into the passing lane and caused Mr Ferguson to run out of room and eventually break.

Mr Mangos did not ask any questions of Mr Ydgren and said that he had already explained the situation to Mr Ydgren.

Mr Ferguson then gave evidence and he said he was travelling behind Mr Mangos and that Mr Mangos's horse appeared to duck in. He said that his horse was just "whacking away"

In answer to a question from Mr Mangos he said that there was no contact.

Mr Mangos gave evidence and he said that at the turn his horse ducked in and he straightened him and then when he went to chase him in the straight he ducked in again and he said he was trying to keep him straight . He said with his horse moving around he was also conscious of giving room to the horses outside him. He said his horse tried to kick at one stage.

He showed on the film where he was holding the whip in his right hand for most of the straight and only hit the shaft in the last 100 metres.

He said he was pulling on the left rein to stop his horse running in and he was always trying to keep it straight but this was proving to be difficult. He confirmed that there was no contact with Mr Ferguson's horse and said that by looking at the film it was clear that there was no room for Mr Ferguson in any event. He acknowledged that his horse ran in but said that he did all he could to prevent that.

Mr Ydgren asked Mr Mangos if he slapped his horse up with the left rein but Mr Mangos said he was trying to hold his horse with that rein.

Submissions for Decision:

Mr Ydgren said by way of Summary that as far as he was concerned Mr Mangos not only did not keep his horse straight but that he slapped it up with the left rein and did not prevent it running in and as a result came in on Mr Ferguson's horse and it broke because it was tightenend up.

Mr Mangos repeated what he had said in evidence and said that despite his efforts his horse still ran in.

Reasons for Decision:

The Committee listened to all of the evidence presented to it and also viewed the films a number of times.

It is clear that MISTAKEN IDENTITY did run in on more than one occasion in the straight and this was acknowledged by Mr Mangos. It is also clear that Mr Ferguson's horse did run out of room and had to be checked back and it broke. It is debatable whether there was sufficient room for Mr Ferguson to try to take the gap on the running line.

The film showed Mr Mangos using his whip on his horse at the turn and then not again until the last 100 metres. Mr Mangos was holding his whip in his right hand for most of the straight and it appeared he slapped his horse with the reins once in the straight. Clearly on the evidence before us MISTAKEN IDENTITY was not giving Mr Mangos an easy drive and he did appear to be making efforts to keep it straight.

We are left with the conclusion that the horse was causing most of the problems and there is not sufficient evidence to uphold the charge.

JCA Decision Fields (raw)

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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: 4be7f73395a41d31cbf608a2ae0ae013


informantnumber: 68486


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 0


decisiondate: 31/12/2010


hearing_title: Cambridge-Te Awamutu HRC 29 December 2010 - R 3


charge:

Failing to maintain a straight course in the run home causing ROYAL TIGER [Driver P Ferguson] to be denied clear running and eventually break.


facts:

Mr Ydgren charged Mr Mangos with failing to maintain a straight course in the run home of Race 3 when driving MISTAKEN IDENTITY causing ROYAL TIGER [Driver P Ferguson] to be denied clear running and eventually break.

Rule 869(4) states:" No horseman shall during any race do any thing which interferes or is likely to interfere with his own horse and/or any other horse or its progress."

Passing Lane Reg (4) states:" In the last lap of any race the leading horse on the running line shall , upon entering the home straight,maintain as straight a course as possible parallel to the running line and allow the trailing horses full access to the expanded inside lane "

Mr Ydgren arranged for Mr Muirhead to demonstrate the incident by use of the video films and this showed Mr Mangos and MISTAKEN IDENTITY in the lead turning for home. The film showed MISTAKEN IDENTITY running in as it reached the passing lane and then it moved out and subsequently moved in again and Mr Ferguson on ROYAL TIGER was coming along the inside and eventually ran out of room and broke.

The film not only showed the movements of MISTAKEN IDENTITY in the straight but also that Mr Mangos used the whip once prior to the turn and then not again until near the finish.

Mr Ydgren said that Mr Mangos drove his horse in the straight and drove into the passing lane and caused Mr Ferguson to run out of room and eventually break.

Mr Mangos did not ask any questions of Mr Ydgren and said that he had already explained the situation to Mr Ydgren.

Mr Ferguson then gave evidence and he said he was travelling behind Mr Mangos and that Mr Mangos's horse appeared to duck in. He said that his horse was just "whacking away"

In answer to a question from Mr Mangos he said that there was no contact.

Mr Mangos gave evidence and he said that at the turn his horse ducked in and he straightened him and then when he went to chase him in the straight he ducked in again and he said he was trying to keep him straight . He said with his horse moving around he was also conscious of giving room to the horses outside him. He said his horse tried to kick at one stage.

He showed on the film where he was holding the whip in his right hand for most of the straight and only hit the shaft in the last 100 metres.

He said he was pulling on the left rein to stop his horse running in and he was always trying to keep it straight but this was proving to be difficult. He confirmed that there was no contact with Mr Ferguson's horse and said that by looking at the film it was clear that there was no room for Mr Ferguson in any event. He acknowledged that his horse ran in but said that he did all he could to prevent that.

Mr Ydgren asked Mr Mangos if he slapped his horse up with the left rein but Mr Mangos said he was trying to hold his horse with that rein.


appealdecision:


isappeal:


submissionsfordecision:

Mr Ydgren said by way of Summary that as far as he was concerned Mr Mangos not only did not keep his horse straight but that he slapped it up with the left rein and did not prevent it running in and as a result came in on Mr Ferguson's horse and it broke because it was tightenend up.

Mr Mangos repeated what he had said in evidence and said that despite his efforts his horse still ran in.


reasonsfordecision:

The Committee listened to all of the evidence presented to it and also viewed the films a number of times.

It is clear that MISTAKEN IDENTITY did run in on more than one occasion in the straight and this was acknowledged by Mr Mangos. It is also clear that Mr Ferguson's horse did run out of room and had to be checked back and it broke. It is debatable whether there was sufficient room for Mr Ferguson to try to take the gap on the running line.

The film showed Mr Mangos using his whip on his horse at the turn and then not again until the last 100 metres. Mr Mangos was holding his whip in his right hand for most of the straight and it appeared he slapped his horse with the reins once in the straight. Clearly on the evidence before us MISTAKEN IDENTITY was not giving Mr Mangos an easy drive and he did appear to be making efforts to keep it straight.

We are left with the conclusion that the horse was causing most of the problems and there is not sufficient evidence to uphold the charge.


Decision:

The Information is dismissed.


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Hearing


Rules: Rule 869(4) and Passing Lane Regulations 4


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer: Mr B Mangos


Otherperson: Mr J Muirhead - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c1affe3bc070b5b0f5c6d98de859f449


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e8040ee440db37034dd8f0c09b57b795


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/12/2010


meet_title: Cambridge - Te Awamutu HRC - 29 December 2010


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: cambridge-te-awamutu-hrc


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: JHolloway


meet_pm2: none


name: Cambridge - Te Awamutu HRC