Manawatu HRC 15 February 2024 – R7 – Allen Pyers

ID: RIB39036

Respondent(s):
Allen John Pyers - Driver

Applicant:
Mr Keith Coppins - Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring

Persons Present:
Mr K Coppins, Mr A Pyers

Information Number:
A17289

Decision Type:
Race Related Charge

Charge:
Contravention of the Whip and Rein Regulations

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
Miss Woodville

Code:
Harness

Race Date:
15/02/2024

Race Club:
Manawatu Harness Racing Club

Race Location:
Manawatu Raceway - Pioneer Highway, Palmerston North,

Race Number:
R7

Hearing Date:
15/02/2024

Hearing Location:
Manawatu Raceway, Pioneer Highway Palmerston North

Outcome: Proved

Penalty: Driver Allen Pyers is fined $300

Background:

Following the running of Race 7, ‘The Cobb Mobile Pace’ 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 Pyers confirmed that he understood the Rule and admitted the breach.

Evidence:

Using available film, Stewards outlined the incident. Approaching the home turn, MISS WOODVILLE was in last place and under pressure. The Respondent is seen to strike his drive in a non compliant fashion on 5 occasions between the 300 and 150 metre marks. Mr Pyers agreed with the count and had no further comment.

Decision:

As the breach was admitted, it is deemed 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. Mr Pyers did, however, receive a warning on the the first night of the Manawatu HRC Meeting on 13 February 2024. The Adjudicative Committee was referred to the current Penalty Guideline. Stewards remained of the view that the offence remained low level. Mr Pyers advised that in respect of penalty, he preferred a fine over any suspension.

Reasons for Penalty:

The offence is clearly identified by film. The Adjudicative Committee concur that the breach was low range.  Starting point noted within the Penalty Guide, is a fine of $300 or 2 days suspension, given this breach type. Given the Respondent’s preference, a $300 fine was imposed.

Conclusion:

Mr Allen Pyers is fined a sum of $300.

Decision Date: 15/02/2024

Publish Date: 16/02/2024