Auckland TC 24 March 2023 – R4 – Brent Mangos

Introduction

Following the running of Race 4, the Crombie Lockwood Delightful Lady Mobile Pace Group 2 ($63,000), the Respondent, Driver Mr B Mangos, defended a charge alleging that he breached Whip Rule 869(2).

The particulars of the charge are that he used his whip in a continuous manner in the middle stages of the run home.

The Rule

Rule 869 provides that:

(2) 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 Regulations at Clause 3.4 (3.4.2) establish a breach when:

The whip is applied excessively, continuously or without allowing the horse time to respond.

Evidence

Witness – Mr McIntyre
Chief Stipendiary Steward Mr McIntyre used available video footage to demonstrate the alleged breach. He identified TREACHEROUS LOVE driven by Mr Mangos, who was mounting a strong run near the marker-line. He pointed out that from the 100-metre mark, for at least 50 metres, Mr Mangos used his whip continuously. He said that although the whip use was rapid fire, the strikes were not forceful.

Mr Mangos questioned Mr McIntyre as to whether there is a precedent that establishes how many strikes constitute continuous use. In response, Mr McIntyre said that the whip cannot be used in a continuous manner and Stewards expect that there is a break every 5 to 10 continuous strikes. Mr Mangos queried him as to where this is written in the Rules to which Mr McIntyre responded that it was an “unwritten Rule”.

Respondent – Mr Mangos
In his evidence, Mr Mangos said that he never used his elbow, and his use was no more than a continuous flicking motion and not rapid, for the last 30 metres. He emphasised that there is no written Rule that describes ‘continuous use’.

Summing up

Mr McIntyre submitted that Mr Mangos’ whip use was continuous for over 50 metres, but the strikes were not forceful.

Mr Mangos submitted that his use for 50 metres, as described by Mr McIntyre is “extreme”. He said his whip use was no more than a wrist flicking motion and he repeated there is no Rule that describes what constitutes ‘continuous use’.

Decision and Reasons

The Adjudicative Committee reviewed the race films over the concluding stages of the race several times in both real time and slow motion. The Adjudicative Committee identified that between the 150 metres and 50 metres, Mr Mangos used his whip continuously, without respite, 23 times in a rapid flicking motion. The strikes were not forceful.

The Adjudicative Committee deems this to be continuous whip use. Mr Mangos is therefore in breach of Clause 3.4.3 of the Whip Regulations which constitutes use of a whip in an unapproved manner, pursuant to paragraph 3.3 of the Regulations.

Mr Mangos had no appreciation that 23 rapid action strikes in a flicking motion amounted to continuous use.

The charge is therefore proved.

Submission For Penalty

Mr McIntyre said that Mr Mangos has a clear record in relation to use of the whip in a continuous manner. He said that Mr Mangos has had fifteen drives this season.

Mr McIntyre said that Stewards assessed the breach to be low end and in accordance with the Penalty Guide, the starting point for a breach in a Group 2 Race is a 5-day suspension and a fine equivalent to 12.5% of the Driver’s share of the stake. He said that although TREACHEROUS LOVE won the race, it cannot be said that whip use was a factor in winning the race.

He submitted that a 4-day suspension and fine would be an appropriate penalty.

The Respondent did not seek a deferment to any proposed suspension. He offered no submissions as to penalty.

Reasons For Penalty

The Penalty Guide provides for a starting point of a 5-day suspension and a fine equal to 12.5% of the Driver’s share of the stake where the breach is deemed low level in a Group 2 Race. After consideration of the number and frequency of strikes (23) over a relatively short distance, the Adjudicative Committee deemed there are no grounds to apply a reduction to the starting point.

Mr Mangos is suspended for 5 days. In addition, a fine of $200 is imposed.

Some discussion followed to determine whether or not the pending two-day meeting at Manawatu Harness Racing Club should be included as part of Mr Mangos’ suspension dates. Mr Mangos submitted that he was taking two horses to the meeting, one (BELLA THORN) was a confirmed starter on the first day of the meeting and he intended to start both horses on the second day. Mr Mangos advised that he had approached Mr J Abernethy to take the drive, if he any reason he was unavailable, otherwise it is his intention to drive both horses. When queried, Stewards accepted Mr Mangos’ submission, albeit he has not driven at Manawatu recently. Stewards noted that one of his horses BELLA THORN is a confirmed starter on the first day of the meeting. On that basis, the two Manawatu meetings were included.

Conclusion

The Respondent is fined $200 and his licence to drive in races is suspended for a period of 5 days, commencing after racing on 24 March 2023 and concluding after racing on 21 April 2023.