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NZ Metropolitan TC 7 May 2021 - R 3 - Chair, Mr R McKenzie

Created on 10 May 2021

Committee:
RMcKenzie (chair)
OJarvis
Name(s):
Mr BM Mangos - Licensed Open Driver
Informant
Mr NM Ydgren - Chief Stipendiary Steward
Information Number
A13312
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 3, Hydroflow Mobile Pace Pace, an Information was filed by Chief Stipendiary Steward, Mr NM Ydgren, against Licensed Open Driver, Mr BM Mangos, alleging that, as the driver of STRENGTH AND HONOUR in the race, he “used his whip with more than a wrist flicking motion in the home straight”.

Mr Mangos had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. He confirmed this at the hearing at, which he was present.

The Whip and Rein Regulations provide 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 purposes 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 as permitted in clause 3.1.

Mr Ydgren showed to the hearing a video replay of the final 200-300 metres of the race. He pointed out STRENGTH AND HONOUR, driven by Mr Mangos, racing in the one/one position as the field approached the home turn. Shortly after turning for home, Mr Mangos commenced using his whip and, Mr Ydgren alleged, he used it in more than a wrist only flicking motion on 8-9 occasions, but using the shoulder and elbow, from that point to the finishing line. There were a couple of compliant strikes amongst those, Mr Ydgren said. The breach was “no better than mid-range”, he said.

Mr Mangos said that, even after having viewed the replay just shown, he did not believe that he had used more than a wrist only flicking action. He denied that he was bending his elbow back.

Mr Mangos was reminded by the Committee that he had admitted the charge.

Decision:

Mr Mangos having admitted the breach, it was found proved.

Submission For Penalty:

Mr Ydgren outlined for the Committee recent breaches of the Rule and Regulations by Mr Mangos:

31 December 2020 Auckland TC – 3 days
31 December 2020 Auckland TC - 6 days (Listed Race)
5 March 2021 Auckland TC – 7 days

Mr Mangos has had 18 drives since the most recent breach on 5 March, Mr Ydgren said. (The Committee noted that his most recent suspension ended after 8 April last. It further noted that Mr Mangos has had 112 drives in the current season and, last season, had 194 drives).

Stewards were submitting that a term of suspension was the appropriate penalty, Mr Ydgren said, but he would leave the term of suspension up to the Committee. Mr Mangos clearly has issues with complying with the Regulations, he said. He needs to take steps to deal with the problem, or face a difficult time going forward.

Mr Mangos sought a deferment of suspension until after the Premier meeting at Addington on 14 May next. He told the Committee that he drives at all North Island meetings, but would also be driving at the following Premier meeting at Addington on 21 May.

Reasons For Penalty:

Mr Mangos’ record under the Regulations is poor, this being his 4th breach in just over 4 months, during which time he has been under suspension for, we calculate, approximately 9 weeks, or half of that period. That record speaks for itself.

In deciding an appropriate penalty for this breach, the Committee has taken, as a starting point, a 7-day suspension, being the term imposed for the most recent breach. The present breach is high-level ("shows total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving"). Clearly, an uplift is required, this being a further breach, and we have fixed that uplift at 2 days. Thus, we arrive at a 9-day suspension.

However, the Committee is mindful of the fact that a 9-day suspension will encompass a Premier meeting at Addington on 21 May and, more significantly, the Harness Jewels at Cambridge on 6 June – 9 Group 1 races each for a stake of $100,000 – an iconic meeting. For this factor, the Committee has decided that it is appropriate to deduct 2 days from the 9-day suspension reached.

Penalty:

Mr Mangos’ application for a deferment is granted.

Mr Mangos’ Open Driver’s Licence is suspended for a period commencing after the close of racing on 14 May 2021 up to and including 18 June 2021 – 7 days. The meetings intended to be encompassed by the period of suspension are Cambridge on 20 May, Addington on 21 May (P), Auckland on 28 May and 4 June, Cambridge on 6 June (Harness Jewels) and 11 June and Auckland on 18 June 2021.

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