Hawera HRC 4 February 2024 – R4 – Brent Mangos

Background:

Following the running of Race, 4 the ‘Rough Habits Restaurant & Bar Mobile Pace 2000m’ an Information was lodged alleging a breach of Rule 869(2) and associated Whip and Rein Regulations.

Details of the breach are ‘ in that he 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 Whip and Rein Regulations made by the board’ where the regulations provide ‘A driver may only apply the whip in a wrist 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’.  The regulations provide definition in respect of wrist only flicking motion.

Mr Mangos confirmed that he understood the Rule and admitted the breach

Evidence:

Using available film, Stewards outlined the incident.  Approaching the home turn, PERUN is 1 back against the markers. At the point of the passing lane, PERUN reaches the lead, with the Respondent remaining compliant in his actions from the 300 metre to 150 metre mark. Between the 150 metre mark and the finish line, the Respondent is seen to strike his drive in a non compliant manner on 5 occasions. PERUN won the event. Mr Mangos commented that his drive was tiring and under pressure.

Decision:

As the breach was admitted, it is deemed to be proved.

Submissions as to Penalty:

Stewards outlined the Respondent’s  clear record as it relates to any breach of this Rule within the 2 month reset period. It was noted the he did receive a warning at the Waikato Bay of Plenty Harness meeting on 29 January 2024. Stewards contended that the breach was mid range, in that he struck his drive in a non compliant manner on 5 occasions between the 150 metre mark and the finish line. The Adjudicative Committee was referred to the current Penalty Guide, which provides for a starting point of a $500 fine or 2 days suspension – mid range breach first offence.

Mr Mangos did not offer specific comment around penalty, although did express preference of a suspension over a fine. He requested any suspension be deferred to enable fulfilment of driving engagements at the Auckland Trotting Club meeting on 9 February 2024.

Reasons for Penalty:

The offence is clearly identified by film. The Adjudicative Committee concur that the breach was mid range, given the number of strikes (5) over a relatively short distance. A suspension of 2 days was imposed, whilst the deferment was granted.

Conclusion:

The Respondent’s Licence to drive is suspended from 10 February 2024, up to and including 15 February 2024. Meetings affected are Manawatu Harness on 13 February 2024 and 15 February 2024.