Auckland TC 30 July 2021 – R3 – Brent Mangos

Evidence:

This charge arises from the running of Race 3, the Hydroflow Mobile Pace 2200m. An Information was filed by Stipendiary Steward, Mr Dooley, alleging Licensed Driver, Mr Mangos (MIDFREW LUCRE), “used his whip with more than a flicking motion”.

Rule 869 provides that:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Part 3 of the Whip and Rein Regulations provides 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 purpose 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 is permitted by clause 3.1.

Mr Mangos admitted the breach and he endorsed the Information accordingly. He was present at the hearing.

Stipendiary Steward Mr Dooley used available video footage to demonstrate the breach. He identified that inside the final 400 metres of the race, MIDFREW LUCRE (B Mangos) was in the trail, finishing the race off strongly and challenging for the lead. Mr Dooley said Mr Mangos’ whip use was compliant early in the run home “but as he got busy, he started to use his whip in a sideways motion while engaging his elbow”. He added that over the final 50 metres of the race his whip use was in accordance with the Guidelines.

In response Mr Mangos said that he did not think he had breached the Regulations albeit the breach was admitted. He offered no further explanation.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Dooley said that Mr Mangos has two previous breaches of the Whip Rule within the reset period; namely, on 5 March 2021 at Alexandra Park, a mid-range breach resulting in a 7-meeting suspension; and on 7 May 2021 at Addington, a high-range breach resulting in a 7-meeting suspension.

Mr Dooley submitted that Mr Mangos has had 15 drives since his last breach. He said that his overall record with regards to whip use is poor.

Mr Dooley added that Stewards assessed this breach to be in the mid-range, but in mitigation he said Mr Mangos admitted the breach and did comply at various stages of the run up the home straight.

In response Mr Mangos submitted that he did not believe his whip use was excessive. He said that his owners are removing horses from his stable as they are expecting him to be available to drive them. And recent suspensions have meant that he has been unavailable to drive. He added that the impact of any suspension has a financial consequence, but on this occasion, he submitted that he would prefer to pay a fine to offset suspension days. He did not seek a deferment to any proposed suspension.

Reasons For Penalty:

After reviewing the films and considering the whip use the Committee determined Mr Mangos’ whip use to be a medium level breach.

A medium-level breach is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”.

The HRNZ Whip Penalty Guide (effective 1 October 2020); establishes the penalty range for a medium level breach as a $500 fine or 2-day suspension. The Guide also proposes that repeat offenders should be suspended.

This is Mr Mangos’ third breach within the reset period. However, his overall record for whip breaches is inexcusable. He has simply been unable to adjust his style or his whip use to meet the requirements of the new Whip Guidelines which came into force on 1 October 2020. To reinforce this point, Mr Mangos has now been charged 7 times, has been warned or spoken to advisedly by Stewards on 8 further occasions since 1 October 2020. Whilst we do not wish to or intend to re-penalise him for his previous breaches, his record in determination of penalty is an aggravating factor. It was noted that the 7-day suspensions imposed for his previous breaches were his fourth breach because they occurred within a different defined 6 month reset period. Therefore, we impose a penalty on this occasion on the basis that this is his third breach, but we do factor into our decision making his overall poor record.

After considering the above factors the Committee deemed that an appropriate suspension was 4 (northern) days. Mr Mangos is primarily regarded as a Northern based Driver/Trainer. Due to the limited number of Northern meetings during August 2021 a 4-meeting suspension represents a period of 4 weeks. Whereas in contrast during that same period there are 11 Southern meetings available.

The Committee spoke to Mr Mangos advisedly during the penalty hearing concerning his poor whip use record. We encouraged him to take proactive steps to address his inability or failure to adapt to the current Whip Guidelines since they were introduced on 1 October 2020. It was pointed out to Mr Mangos that it is of concern that he has the worst record for whip breaches, therefore change and remedial action is necessary.

Penalty:

Mr Mangos’ license is suspended for 4 (Northern) meetings, from the conclusion of racing on 30 July 2021 until the conclusion of racing 26 August 2021.