Manawatu HRC 26 October 2021 – R5 – Allen Pyers

SUMMARY OF FACTS:

Following the running of Race 5, the Central Energy Trust Mobile Pace, Mr Williams presented an Information charging Mr A Pyers, the Driver of WRIGGLES RUFUS with a breach of Rule 869(2) and the Whip and Rein Regulations made by the HRNZ Board in that he used his whip in a manner in contravention of those Regulations.  Mr Pyers admitted the breach.

SUBMISSIONS:

The race film, as demonstrated by Mr Williams, disclosed that when entering the back straight, with about 1400 metres to run, when approximately 5th on the fence, Mr Pyers used his whip free of the reins and in a raised arm striking motion, being more than a wrist only flicking motion.

Mr Pyers said that he did not think he had struck the horse 4 times.  He said that he “did not think about the Rule” and only used the whip in this manner to “chase the horse up as it was being a bit lazy”.

REASON FOR DECISION:

As Mr Pyers admitted the breach it was deemed proved.

SUBMISSION FOR PENALTY:

Mr Williams advised that Mr Pyers had a previous breach of the Rule but this was outside the next period so would not lead, to this present event being a “second breach” for penalty purpose.  He submitted that, in terms of the Penalty Guide, whilst a low level breach, this was elevated to close to medium level.  He sought a fine of $300, being mid range between the recommended penalty and he did not consider a warning only to be appropriate.

Mr Pyers argued that he disputed he used the whip improperly on 4 occasions and that a warning only was all that was required.

REASON FOR PENALTY:

The Committee accepted the submissions of Mr Williams and as the Stewards sought a medium level fine a warning was not considered appropriate.  When advising Mr Pyers of a fine of $300 the Committee endeavoured to explain to him why a warning would not be appropriate.   But he was not disposed to listen and addressed some intemperate and insulting remarks directed at the Committee.  In case he is unaware of the Guide, it states that whilst a low-level breach “may be dealt with by a warning [but if it] is not considered appropriate the Stewards will be seeking a fine ….. penalty range $200-$400 (first offence)”.

CONCLUSIONS:

Mr Pyers is ordered to pay a fine of $300.