Waikato BOP H 16 December 2021 – R6 – Brent Mangos
ID: RIB6500
Animal Name:
CHRIS KYLE
Code:
Harness
Race Date:
16/12/2021
Race Club:
Waikato BOP Harness Racing Inc
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R6
Hearing Date:
16/12/2021
Hearing Location:
Cambridge
Outcome: Proved
Penalty: Driver Brent Mangos was suspended from driving for 6 days.
SUMMARY OF FACTS:
After the running of Race 6 Mr Mangos was charged with ‘using his whip with more than a wrist flicking motion in the run home’. Mr Mangos was present at the hearing and acknowledged that he understood the Rule and Regulation, and that he admitted the breach.
Rule 869(2) states “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”.
Whip & Rein Regulations:
Part 3.1 “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”
Part 3.2. “For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1Â Â Â Â Â 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.
3.2.3Â Â Â Â Â Not applying with overt force.
Mr Mulcay demonstrated the incident by way of the films. He identified CHRIS KYLE, driven by Mr Mangos as the field neared the home turn. CHRIS KYLE was outside the leader and as the field entered the final straight Mr Mangos ran his whip through the horse’s tail several times. Mr Mulcay said the Stewards had no objection to that, however as the horse began to battle Mr Mangos drove it out with his whip. The horse finished 3rd, a 1/2 hd ahead of the 4th horse. Mr Mulcay said that Mr Mangos’ whip use in the final 150 metres was not in accordance with the allowable action. He demonstrated that Mr Mangos struck the horse at least 8 times in a manner outside the Rule and Regulations.
Mr Mangos had nothing to add.
REASON FOR DECISION:
Mr Mangos has admitted the breach and the charge is therefore proved.
SUBMISSION FOR PENALTY:
Mr Mulcay stated that Mr Mangos had been suspended from driving in races for 4 days on 30 July 2021 at Auckland. Prior to that he had a number of breaches involving his whip use. He said that this breach was a ‘ medium-level breach’ in that Mr Mangos had reverted to the old style and used more than a wrist flicking motion for a distance of 50 metres or more. Given his prior breach within the 6 month reset period he submitted that a 5 day suspension would be appropriate.
Mr Mangos said he intended racing and driving horses he trains at meetings at Auckland, Cambridge, and the Central Districts in the next period.
REASON FOR PENALTY:
Mr Mangos has an abysmal record where improper whip use is concerned. This breach is his 9th since 1 October 2020 when Penalties and Whip Use Regulations were amended. He has also been warned for his whip use a number of times. In assessing a penalty for this breach, the Adjudicator has taken Mr Mangos’ overall record into consideration, such record being an ‘aggravating factor’. His last breach – 30 July 2021 – was within the 6 month period and attracted a 4 day suspension.
From about the 150m mark Mr Mangos struck CHRIS KYLE at least 9 times with his whip, the final strike being almost at the finish line. These strikes were totally unacceptable in that he engaged his elbow and shoulder, his forearm was raised beyond 45 degrees, and in most of the strikes there was a degree of force involved. The HRNZ Penalty Guide states that a medium-level breach is where a driver ‘reverts to the old style (freehand, loose reining and more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective measures. The Penalty Guide also calls for a suspension where ‘repeat offending at any level is involved’.
Mr Mangos is a Senior Driver. According to the HRNZ Statistics he has had 14,750 race drives and has won 1529 races. His inability to come to terms with the Regulations with regard to whip use is inexplicable.
In assessing a penalty for this breach, the Adjudicative Committee took into account that Mr Mangos has driven 35 times since his last breach without offending. His admission of the breach is no mitigation in regard to penalty. From a starting point of a 4 day suspension, the Adjudicative Committee considered a 3 day uplift for this breach given his record and the fact that he breached the Regulations in each of the sub-clauses, i.e. elbow/shoulder engagement; forearm above 45 degrees, and force being applied. Mr Mangos is given a one day reduction from the 7 days being considered for his record since his last breach, as above.
The Adjudicative Committee therefore imposed a 6 day suspension on Mr Mangos.
CONCLUSIONS:
Mr Mangos is suspended from driving in races from the conclusion of racing tonight (16 December) until the conclusion of racing on 7 January 2022. A 6 day suspension.
For clarity the meetings involved in this suspension are :
December 24 2021Â Â Â Â Â Â Â Â Â Cambridge
December 29 2021Â Â Â Â Â Â Â Â Â Cambridge
December 31 2021Â Â Â Â Â Â Â Â Â Â Auckland
January 2Â Â Â 2022Â Â Â Â Â Â Â Â Â Â Tauherenikau
January 5Â Â Â 2022Â Â Â Â Â Â Â Â Â Â Otaki
January 7Â Â Â 2022Â Â Â Â Â Â Â Â Â Â Cambridge
The Auckland Harness meeting on December 17 2021 was not included in this suspension as fields are finalised.
Decision Date: 16/12/2021
Publish Date: 17/12/2021