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Auckland TC 30 October 2020 - R 10 (heard 13 November 2020 at Alexandra Park) - Chair, Mr A Godsalve



869(2)

RACEDAY JUDICIAL COMMITTEE DECISION

Informant: Mr S Mulcay – Senior Stipendiary Steward

Respondent: Mr B Mangos – Open Driver of MURPHYS REWARD

Information No: A12975

Meeting: Auckland Trotting Club

Date: 30 October 2020 (heard 13 November 2020 at Alexandra Park)

Venue: Alexandra Park

Race: 10

Rule No: 869(2) – Contravention of Use of the Whip Regulations

Judicial Committee: Mr A Godsalve, Chair

Also Present: Mr V Munro, Stipendiary Steward

Plea: Admitted

FACTS:

Following the running of Race 10, the Melbourne Cup Day @ The Alex Mobile Pace an Information was lodged against Open Driver, Mr B Mangos alleging that 'he used his whip with more than a wrist only flicking action in the run home'.

As Mr Mangos had left the course the matter was adjourned and heard on 13 November 2020. At the hearing Mr Mangos acknowledged that he understood the Rule and Regulations and that he admitted the breach.

Rule 869(2) provides that 'No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board'.

The Whip & Rein Regulations state: '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.'

Using the films Mr Mulcay identified the horse MURPHYS REWARD as the field entered the final straight. The horse was in last place and on the outside. Mr Mulcay pointed out that Mr Mangos used his whip with an action which was more than a 'wrist only' flicking motion in the home straight and therefore in contravention of the Use of the Whip Regulations and Rule.

Mr Mangos had nothing to add.

DECISION:

As the breach has been admitted the charge is proved.

PENALTY SUBMISSIONS:

Mr Mulcay stated that as Mr Mangos had previously been warned regarding his whip action the decision to charge on this occasion was made. Mr Mulcay added that the Stewards believed a fine of $200 in line with the Whip Penalty Guide (effective 30 October 2020) was an appropriate penalty. He added that Mr Mangos had had a number of drives since where he used his whip in line with the Regulations and Rule.

Mr Mangos had nothing to add.

PENALTY REASONS:

Effective from 1 October 2020 to 30 October 2020 the Whip Penalty Guide calls for a fine of $200 where:

The breach is at a low level and the driver does not promptly correct his whip action OR who has previously had a warning.

In this instance the circumstances dictate that a fine of $200 is the appropriate penalty.

PENALTY:

The Committee therefore imposed a fine of $200 on Mr Mangos.

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