Manawatu HRC 19 February 2023 – R3 – Allen Pyers

Summary of Facts:

Following the running of Race 3, the Respondent Mr Allen Pyers admitted a breach of Rule 869(2). The particulars of the charge is that:

“Driver A Pyers used his whip with more than a flicking motion in the home straight”.

Rule 869(2) provides that:

“No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the board”

Using available film, Stewards demonstrated the breach.  Mr Pyers is seen to strike his charge with more than a flicking motion on up to 10 occasions. Mr Pyers agreed with the count. On questioning, Mr Pyers considered that in his view, he felt he was flicking, but upon viewing film, readily admitted the breach. He added that 50 metres from the line, he did return to a compliant style.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Coppins submitted that Stewards assessed the breach to be low level, particularly when acknowledging that Mr Pyers did not persist beyond the 50 metre mark.  In respect of penalty submissions, the Adjudicative Committee was referred to the current Penalty Guide. Same provides for a starting point of a $300 fine or a 2 day suspension. Stewards considered that a suspension was not appropriate, given the very small number of drives Mr Pyers accepts. A fine was more ‘meaningful’ as a deterrent, with a fine of $200 recommended. Mr Pyers offered no comment in respect of penalty.

Reasons for Penalty:

After consideration of evidence, the Adjudicative Committee assessed the breach as low level. The breach was clearly identified through film. A low level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly returns to a compliant style.  After consideration, a fine of $250 was deemed appropriate.

Conclusion:

The Respondent Mr Allen Pyers, is fined a sum of $250.