Waikato BOP H 27 October 2023 – R5 – Brent Mangos
Waikato BOP Harness Racing Inc
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Penalty: Driver, Brent Mangos suspended for 3 days
Summary of Facts:
Following the running of Race 5, the Respondent, Driver Brent Mangos admitted a breach of Whip Rule 869(2). The particulars of the charge are that when driving ACUSHLA MACHEE he used his whip with more than a wrist flicking motion in the run home.
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.
Snr Stipendiary Steward, Mr S Mulcay used available video footage to demonstrate the breach. He pointed out Mr Mangos driving ACUSHLA MACHEE in the lead position as the field turned for home. Mr Mulcay showed that Mr Mangos drew his whip and used it with more than a wrist flicking motion on 3 occasions over the early stages of the run home. He added that Mr Mangos promptly returned back to a compliant style of whip use for the remainder of the race. Mr Mulcay noted that the strikes were on the dust sheet and, that the whip action by engaging the elbow was the reason the charge was bought.
In response, Mr Mangos, advised the Adjudicative Committee that he was unaware of the fact that using the whip on the dust sheet was still a breach of the Rule and Regulations.
The charge is admitted and therefore proved.
Submission For Penalty:
Mr Mulcay produced the Respondent’s record which indicated a previous breach within the prior 6 months, being at Auckland on 31 August 2023, where a 3-day suspension was imposed for a whip offence.
Mr Mulcay said that Stewards assessed the breach to be low-level and submitted that it be dealt with by way of 3-day suspension as per the Penalty Guide for a second breach.
Mr Mangos stated that he could not understand why some drivers were getting fines, not suspensions for similar breaches of the Whip Rules. He said that the use of the whip was not excessive, and he reiterated that he was unaware that he could not use the whip on the dust sheet to encourage the horse.
Mr Mangos did not seek a deferment of penalty and requested any suspension begin as soon as possible. Mr Mangos advised the Adjudicative Committee that he was intending to take a horse to the Addington meeting on 3 November 2023 and asked that that raceday be included in his term of suspension. The Stewards did not object to Mr Mangos’ submission for the Addington date.
Reasons For Penalty:
After consideration of the evidence from all parties concerned and viewing the Race films of the concluding stages of the Race, the Adjudicative Committee also assessed the breach as low-level.
The Penalty Guide provides a 3-day suspension starting point for a second breach of this Rule within a 6-month period.
It was determined that there were no aggravating factors to consider, therefore no uplift warranted.
After taking consideration of all factors, the Adjudicative Committee deemed a 3-day suspension to be an appropriate penalty.
The Respondent is suspended for a period of 3 days commencing after racing today 27 October up to and including 10 November 2023. Relevant race days encompassed in this period of suspension are 2 November (Auckland), 3 November (Addington), and 10 November 2023 (Auckland).
Decision Date: 27/10/2023
Publish Date: 29/10/2023