Taranaki TC – 21 April 2009 – Race 5
ID: JCA18586
Hearing Type (Code):
harness-racing
Meet Title:
Taranaki TC - 21 April 2009
Race Date:
2009/04/21
Race Number:
Race 5
Decision:
An information was filed following race 5 alleging a breach of the rules, namely rule 847 (2) the informant was Mr C J Allison Stipendiary Steward and the defendant Mr, B M Mangos. This information alleged that Mr Mangos did breach rule 847 (2) and the information stated that Mr B M Mangos “failed to secure the safety helmet with the helmet coming adrift during the running”.
An information was filed following race 5 alleging a breach of the rules, namely rule 847 (2) the informant was Mr C J Allison Stipendiary Steward and the defendant Mr, B M Mangos. This information alleged that Mr Mangos did breach rule 847 (2) and the information stated that Mr B M Mangos “failed to secure the safety helmet with the helmet coming adrift during the running”.
Mr Mangos did not admit the breach of this rule and was present at the hearing.
Rule 847 (2) read’s. “A horseman shall while seated in the sulky at a race meeting wear his safety helmet with the chin strap securely fastened”.
Mr Allison said in his evidence that the safety helmet worn by Mr Mangos had come off in the run to the finish of this race, this was confirmed by the video evidence shown of the run home.
As Mr Mangos was making his run at or about the 150 meter mark his helmet was observed to come adrift and come off his head.
Mr Allison showed a video shot of the horses prior to the start of this race and this shot showed the helmet with the chin strap appearing to be in place and done up.
Mr Mangos in his evidence stated that he had secured the chin strap prior to going onto the track as he normally does; Mr Mangos stated that safety was a priority and he could offer no explanation as to how the chin strap had come adrift in the run home. Mr Mangos demonstrated to the Judicial Panel how the chin strap fitted into the keeper and reiterated the point that he had clipped the chin strap in place. Mr Mangos said it was blowing a howling gale in the front straight at this time and in his opinion this may have contributed to the chin strap coming undone.
Mr Smith (Judicial Committee Panelist) also checked this helmet and clipped and unclipped the chin strap.
This hearing was adjourned so as to allow Mr Mangos to take drives and resumed after the last race.
On resumption of this hearing the Judicial Committee viewed the complete video of this race and also sought clarification from Mr Allison if the Stipendiary Stewards had observed Mr Mangos going out onto the track.
Mr Allison stated that the Stipendiary Stewards had not observed Mr Mangos going out onto the track.
Mr Mangos stated after watching the complete video of this race that there were five barrier attendants at the start plus the other drivers and he was adamant that if his chin strap was not securely fastened he would have been advised.
Decision and Reasons.
Having watched the video of this race and prior to the start of this race, also having heard the evidence as presented by Mr Allison and Mr Mangos it is the findings of this Judicial Committee that this information is dismissed for the following reasons.
(1) That Mr Mangos was adamant that he had secured his safety helmet prior to going onto the track.
(2) The Video film which was blown up as the horses paraded around at the start showed the helmet appearing to be securely fastened.
(3) During the warm up, at the start and during the running of this race, which started in the front straight into a head wind, over the crossing the safety helmet did not move, until with 150 meters to run for some reason the clip came undone and Mr Mangos lost his helmet.
(4) As Mr Mangos quite rightly pointed out there were five attendants at the start plus the drivers who if Mr Mangos had not had the chin strap done up would have advised him of this.
Kevin G Coutts
Chair
67018
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: 1994fd84508c428bb8c6ba94b05405a2
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 21/04/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Taranaki TC - 21 April 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
An information was filed following race 5 alleging a breach of the rules, namely rule 847 (2) the informant was Mr C J Allison Stipendiary Steward and the defendant Mr, B M Mangos. This information alleged that Mr Mangos did breach rule 847 (2) and the information stated that Mr B M Mangos “failed to secure the safety helmet with the helmet coming adrift during the running”.
An information was filed following race 5 alleging a breach of the rules, namely rule 847 (2) the informant was Mr C J Allison Stipendiary Steward and the defendant Mr, B M Mangos. This information alleged that Mr Mangos did breach rule 847 (2) and the information stated that Mr B M Mangos “failed to secure the safety helmet with the helmet coming adrift during the running”.
Mr Mangos did not admit the breach of this rule and was present at the hearing.
Rule 847 (2) read’s. “A horseman shall while seated in the sulky at a race meeting wear his safety helmet with the chin strap securely fastened”.
Mr Allison said in his evidence that the safety helmet worn by Mr Mangos had come off in the run to the finish of this race, this was confirmed by the video evidence shown of the run home.
As Mr Mangos was making his run at or about the 150 meter mark his helmet was observed to come adrift and come off his head.
Mr Allison showed a video shot of the horses prior to the start of this race and this shot showed the helmet with the chin strap appearing to be in place and done up.
Mr Mangos in his evidence stated that he had secured the chin strap prior to going onto the track as he normally does; Mr Mangos stated that safety was a priority and he could offer no explanation as to how the chin strap had come adrift in the run home. Mr Mangos demonstrated to the Judicial Panel how the chin strap fitted into the keeper and reiterated the point that he had clipped the chin strap in place. Mr Mangos said it was blowing a howling gale in the front straight at this time and in his opinion this may have contributed to the chin strap coming undone.
Mr Smith (Judicial Committee Panelist) also checked this helmet and clipped and unclipped the chin strap.
This hearing was adjourned so as to allow Mr Mangos to take drives and resumed after the last race.
On resumption of this hearing the Judicial Committee viewed the complete video of this race and also sought clarification from Mr Allison if the Stipendiary Stewards had observed Mr Mangos going out onto the track.
Mr Allison stated that the Stipendiary Stewards had not observed Mr Mangos going out onto the track.
Mr Mangos stated after watching the complete video of this race that there were five barrier attendants at the start plus the other drivers and he was adamant that if his chin strap was not securely fastened he would have been advised.
Decision and Reasons.
Having watched the video of this race and prior to the start of this race, also having heard the evidence as presented by Mr Allison and Mr Mangos it is the findings of this Judicial Committee that this information is dismissed for the following reasons.
(1) That Mr Mangos was adamant that he had secured his safety helmet prior to going onto the track.
(2) The Video film which was blown up as the horses paraded around at the start showed the helmet appearing to be securely fastened.
(3) During the warm up, at the start and during the running of this race, which started in the front straight into a head wind, over the crossing the safety helmet did not move, until with 150 meters to run for some reason the clip came undone and Mr Mangos lost his helmet.
(4) As Mr Mangos quite rightly pointed out there were five attendants at the start plus the drivers who if Mr Mangos had not had the chin strap done up would have advised him of this.
Kevin G Coutts
Chair
67018
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 847.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 42de5415216c167de7fb62ee872f5600
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3233b0a6fa32420254a148bec146e7cd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/04/2009
meet_title: Taranaki TC - 21 April 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: taranaki-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Taranaki TC