Archive Decision

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Thames HRC – 21 January 2007 – Race 5

ID: JCA21149

Hearing Type:
Old Hearing

Rules:
869.3.b

Hearing Type (Code):
harness-racing

Meet Title:
Thames HRC - 21 January 2007

Race Date:
2007/01/21

Race Number:
Race 5

Decision: --

Following the running of race 5 an information was lodged alleging a breach of rule 869(3) (b), careless driving.  The information alleged that horseman B Mangos drove Pocket Full of Stars carelessly



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Following the running of race 5 an information was lodged alleging a breach of rule 869(3) (b), careless driving.    The information alleged that horseman B Mangos drove Pocket Full of Stars carelessly causing interference to Best Luck(P Scaife) when he improved outward forcefully from 3 deep on the running line to four wide with 200m to run.

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Mr Mangos did not admit the breach of this rule and was present at the hearing of this information.

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Mr. Muirhead read the relevant rule and opened his case by showing the video of this incident, the video showed Pocket Full Of Stars in a three back position on the fence coming out and appearing to make contact with Best Luck ( P Scaife). Mr. Muirhead stated in his evidence that Mr. Mangos had come out quickly and had come out and tightened up Mr. Scaife's horse it was Mr. Muirhead's view that Mr. Mangos was the major contributing factor in Mr. Scaife 's horse breaking Mr. Muirhead stated that Mr. Butcher on Mr. Scaife's outside was holding his ground and Mr. Muirhead was emphatic that the movement of Mr. Mangos's horse was the main reason for Mr. Scaife's horse breaking.

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Mr. Scaife was called to give evidence for the prosecution and stated in evidence that he was tightened for room by Pocket Full Of Stars driven by Mr. Mangos. Mr. Scaife stated that Mr Mangos had contacted his legs and broken him up when the sulky of Pocket Full Of Stars had contacted his legs.

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Mr. Mangos questioned Mr. Scaife about the position of Mr. Butcher's horse at this point of the race and Mr. Scaife agreed he had pushed Mr. Butcher out and that Mr. Butcher was holding he ground.

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Mr. Mangos gave evidence and did not deny that he came out although he did not agree with Mr. Muirhead that he came out forcefully Mr. Muirhead conceded this to be so. . Mr. Mangos said his horse was traveling well and he had come out and did not deny that it had got tight.

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Mr. Mangos was adamant that it was the inward movement of Mr. Butcher's horse which contributed to the breaking of Mr. Scaife's horse at this point of the race.

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Mr. Mangos said in evidence that the video clearly showed Mr. Butcher being pushed out by Mr. Scaife and that Mr. Scaife was going well Mr. Mnagos was adamant that after being pushed out Mr. Butcher had then held his ground and then came in tightening Mr. Scaife's horse.

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Both Mr. Muirhead and Mr. Mangos summed up with Mr. Muirhead alleging that it was clear cut that Mr. Mangos was the major contributor to the breaking of Mr. Scaife's horse Mr. Mangos did not agree with this and said it was Mr. Butcher's horse which had contributed to the breaking of Mr. Scaife's horse.

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Decision and Reasons.

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This Judicial committee has heard all of the evidence as presented from all parties and viewed the video of this incident at length, from side on, head on and back on.

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We find that Mr. Mangos did come out as he was traveling well at this point of the race which was acknowledged by Mr. Mangos.

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We find that Mr. Scaife was tightened for room however we do not believe that it was Mr. Mangos who was the sole contributor to the interference to Mr. Scaife's horse.

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The Video shows Mr. Butcher after having been pushed out holding his ground and when the video was played in slow motion Mr. Butcher's horse came in and in the opinion of this Judicial Committee then struck Mr. Scaife's horse causing his horse to break form it's gait.

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Mr. Butcher was observed to wriggle in the sulky after proceeding past Mr. Scaife consistent with becoming unbalanced after having struck the legs of the horse on his inner.

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We do not accept the evidence of Mr. Scaife that it was Mr. Mangos who contacted his legs and caused his horse to break.

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This Judicial Committee agrees Mr. Scaife was tightened for room however it is our opinion that Mr. Butcher was the major contributor to the breaking of Mr. Scaife's horse.

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For all of the above reasons and as there is doubt that Mr. Mangos drove carelessly we give Mr. Mangos the benefit of that doubt and therefore dismiss this information.

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Chairman
Kevin G Coutts

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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: 706fe36cb9179fee348fbf5f2b19b9e5


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 21/01/2007


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Thames HRC - 21 January 2007 - Race 5


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

--

Following the running of race 5 an information was lodged alleging a breach of rule 869(3) (b), careless driving.  The information alleged that horseman B Mangos drove Pocket Full of Stars carelessly



--

Following the running of race 5 an information was lodged alleging a breach of rule 869(3) (b), careless driving.    The information alleged that horseman B Mangos drove Pocket Full of Stars carelessly causing interference to Best Luck(P Scaife) when he improved outward forcefully from 3 deep on the running line to four wide with 200m to run.

--

Mr Mangos did not admit the breach of this rule and was present at the hearing of this information.

--

Mr. Muirhead read the relevant rule and opened his case by showing the video of this incident, the video showed Pocket Full Of Stars in a three back position on the fence coming out and appearing to make contact with Best Luck ( P Scaife). Mr. Muirhead stated in his evidence that Mr. Mangos had come out quickly and had come out and tightened up Mr. Scaife's horse it was Mr. Muirhead's view that Mr. Mangos was the major contributing factor in Mr. Scaife 's horse breaking Mr. Muirhead stated that Mr. Butcher on Mr. Scaife's outside was holding his ground and Mr. Muirhead was emphatic that the movement of Mr. Mangos's horse was the main reason for Mr. Scaife's horse breaking.

--

Mr. Scaife was called to give evidence for the prosecution and stated in evidence that he was tightened for room by Pocket Full Of Stars driven by Mr. Mangos. Mr. Scaife stated that Mr Mangos had contacted his legs and broken him up when the sulky of Pocket Full Of Stars had contacted his legs.

--

Mr. Mangos questioned Mr. Scaife about the position of Mr. Butcher's horse at this point of the race and Mr. Scaife agreed he had pushed Mr. Butcher out and that Mr. Butcher was holding he ground.

--

Mr. Mangos gave evidence and did not deny that he came out although he did not agree with Mr. Muirhead that he came out forcefully Mr. Muirhead conceded this to be so. . Mr. Mangos said his horse was traveling well and he had come out and did not deny that it had got tight.

--

Mr. Mangos was adamant that it was the inward movement of Mr. Butcher's horse which contributed to the breaking of Mr. Scaife's horse at this point of the race.

--

Mr. Mangos said in evidence that the video clearly showed Mr. Butcher being pushed out by Mr. Scaife and that Mr. Scaife was going well Mr. Mnagos was adamant that after being pushed out Mr. Butcher had then held his ground and then came in tightening Mr. Scaife's horse.

--

Both Mr. Muirhead and Mr. Mangos summed up with Mr. Muirhead alleging that it was clear cut that Mr. Mangos was the major contributor to the breaking of Mr. Scaife's horse Mr. Mangos did not agree with this and said it was Mr. Butcher's horse which had contributed to the breaking of Mr. Scaife's horse.

--

Decision and Reasons.

--
--

This Judicial committee has heard all of the evidence as presented from all parties and viewed the video of this incident at length, from side on, head on and back on.

--

We find that Mr. Mangos did come out as he was traveling well at this point of the race which was acknowledged by Mr. Mangos.

--

We find that Mr. Scaife was tightened for room however we do not believe that it was Mr. Mangos who was the sole contributor to the interference to Mr. Scaife's horse.

--

The Video shows Mr. Butcher after having been pushed out holding his ground and when the video was played in slow motion Mr. Butcher's horse came in and in the opinion of this Judicial Committee then struck Mr. Scaife's horse causing his horse to break form it's gait.

--

Mr. Butcher was observed to wriggle in the sulky after proceeding past Mr. Scaife consistent with becoming unbalanced after having struck the legs of the horse on his inner.

--

We do not accept the evidence of Mr. Scaife that it was Mr. Mangos who contacted his legs and caused his horse to break.

--

This Judicial Committee agrees Mr. Scaife was tightened for room however it is our opinion that Mr. Butcher was the major contributor to the breaking of Mr. Scaife's horse.

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For all of the above reasons and as there is doubt that Mr. Mangos drove carelessly we give Mr. Mangos the benefit of that doubt and therefore dismiss this information.

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Chairman
Kevin G Coutts

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sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 869.3.b


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a0ffe405ff9d74df09c8dba2faca36a2


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: f12c9ee39192456e30704e38209be52b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/01/2007


meet_title: Thames HRC - 21 January 2007


meet_expappcomment:


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tracklocation: thames-hrc


meet_racingtype: harness-racing


meet_chair:


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name: Thames HRC