Auckland TC 4 March 2022 – R7 – Brent Mangos

ID: RIB7950

Respondent(s):
Brent Mangos - Driver

Applicant:
Steve Mulcay - Senior Stipendiary Steward

Adjudicators:
Bryan Scott

Persons Present:
Brent Mangos - Driver of TREACHEROUS REIGN, Steve Mulcay - Senior Stipendiary Steward

Information Number:
A16363

Decision Type:
Race Related Charge

Charge:
Using the Whip with more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
TREACHEROUS REIGN

Code:
Harness

Race Date:
04/03/2022

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R7

Hearing Date:
04/03/2022

Hearing Location:
Alexandra Park Auckland

Outcome: Proved

Penalty: Driver Brent Mangos is suspended for 3 driving days

Following the running of the Breckon Farms Young Guns Colts & Geldings HT 2 an Information was lodged by Senior Stipendiary Steward Mr Steve Mulcay against Open Driver Mr Brent Mangos alleging that Mr Mangos as the Driver of TREACHEROUS REIGN used his whip with more than a wrist flicking motion in the run home.

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

The Whip and Rein Regulations in part 3.1 provide:  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.

Mr Mangos was present at the hearing and he advised the Adjudicative Committee that he admitted the breach.

Senior Stipendiary Steward Mr Steve Mulcay demonstrated the incident using the available race films. He identified TREACHEROUS REIGN and Mr Mangos and showed where his horse was on the inside in the run home. He showed where Mr Mangos used his whip at least 5 times and said that although they were not continuous they were outside the Regulations.

Mr Mangos said he used the whip with the rein and that makes it look worse. He said that he didn’t hurt his horse and there wasn’t a mark on it. He also said that his horse was making ground in the run home.

DECISION:

The breach is admitted and therefore the charge is proved.

PENALTY SUBMISSIONS:

Mr Mulcay said that this was Mr Mangos’ second charge in the last 6 months and as a result a suspension of 3 to 5 days is appropriate. He said that in this instance the Stewards are seeking a 3 day suspension of Mr Mangos’ Driver’s Licence.

Mr Mangos accepted Mr Mulcay’s submissions and said that the meetings at the Manawatu Harness meetings on the 15th and 17th of March should be taken into account. The Adjudicative Committee questioned Mr Mangos about racing horses at Manawatu. He said that he often goes to Manawatu and he was taking Romeo Shard there to try and qualify for the Country Cups final. Mr Mulcay assured the Adjudicative Committee that Mr Mangos does race horses at Manawatu . The Adjudicative Committee is aware that Mr Mangos raced several horses at Manawatu in 2021.

PENALTY DECISION:

The incident is clearly shown on the race films and Mr Mangos has quite correctly admitted the breach. His last charge was on the 16th of December 2021 for which he received a 6 day suspension. This means that under the Whip and Rein Guidelines the starting point penalty is a 3 to 5 day suspension.

Mr Mangos acknowledges this but he wants the upcoming Manawatu Harness meetings to be taken into account. After hearing from Mr Mangos and Mr Mulcay and with the Adjudicative Committee’s own knowledge it is clear that Mr Mangos does attend Manawatu Harness meetings and therefore they should be taken into account.

It is important in the Adjudicative Committee’s view that any meaningful penalty should include meetings which are attended by the Driver concerned. Conversely if a Driver does not attend such meetings then they should not be taken into account.

In dealing with whip charges we are dealing with animal welfare and HRNZ and NZTR are taking a strong view in respect to whip charges.

Mr Mangos was offered a deferment of his suspension but he declined to take it.

CONCLUSION:

The Adjudicative Committee orders that Mr Mangos’ Driver’s Licence is suspended from the conclusion of racing tonight until the conclusion of racing on the 17th of March 2022. That is 3 driving days being Cambridge on the 10th of March and Manawatu Harness Racing on the 15th and 17th of March.

Decision Date: 04/03/2022

Publish Date: 09/03/2022