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03 Sep 2020
Auckland-Tc - R4

Auckland TC 3 September 2020 – R 4 – Chair, Mr G Jones

Created on 04 September 2020

GJones (chair)
Mr B Mangos - Licensed Open Horseman
Mr J Muirhead - Senior Stipendiary Steward
Information Number
Contravention of the use of whip regulations

This charge arises from the running of Race 4, the Garrards Sires Stakes Heat 3 Pace 1700m. An Information was filed by Senior Stipendiary Steward Mr Muirhead, alleging that Licensed Open Horseman Mr Mangos breached Rule 869(2)(a) in that he used his whip on more occasions than permitted over the final 400 metres when driving DELIGHTFUL DUDE.

Rule 869(2)(a) provides that:

(2) No horseman shall during any race: -

(a) Use his whip in an unnecessary, excessive or improper manner.

The Use of the Whip Regulations provides that:

-The whip shall not be used more than 10 times in the last 400m of a race, this is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.

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

Mr Muirhead used available video footage to demonstrate the breach. He identified that as the field rounded the home turn into the straight DELIGHTFUL DUDE was racing 4-wide. He said that in the run to the winning post, over the final 400 metres, Mr Mangos used his whip 11 times.

In response Mr Mangos advised the Committee that he had nothing further to add and offered no explanation for his actions.


The charge is admitted and is therefore proved.  

Submission For Penalty:

Mr Muirhead said that Mr Mangos has a clear record with no previous breaches of the rules relating to whip use, within the reset period (6 months or 200 drives).

He said that the breach is at the low end of culpability and submitted it could be dealt with by way of a $200 fine. He added that there are no particular aggravating factors associated with the breach.

Mr Mangos offered no submissions as to any proposed penalty.

Reasons For Penalty:

The JCA Penalty Guide for a 1st breach of this rule establishes starting points based on the number of strikes. Where the number of strikes is between 11and 13 the recommended starting point is a $200 fine.

The video evidence clearly shows that Mr Mangos used his whip on 11 occasion over the concluding 400 metres which is therefore, outside the Use of Whip Regulations.

There are no aggravating or mitigating factors to be taken into account and on that basis no compelling reasons for the Committee to deviate from the $200 starting point.


The Committee imposed a $200 fine.

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