Manawatu HRC 8 November 2021 – R5 – Alan Pyers

ID: RIB5731

Respondent(s):
Alan Pyers - Driver

Applicant:
Vinny Munro - Stipendiary Steward

Adjudicators:
Mr Noel McCutcheon

Persons Present:
Mr Munro, Mr M Austin - Stipendiary Steward, Mr A Pyers, Mr B Bateup - Stipendiary Steward

Information Number:
A17252

Decision Type:
Adjudicative Decision

Charge:
Excessive use of whip, more than a wrist flicking motion

Rule(s):
869(2)

Plea:
Not Admitted

Code:
Harness

Race Date:
08/11/2021

Race Club:
Manawatu Race Club

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

Race Number:
R5

Hearing Date:
08/11/2021

Hearing Location:
Manawatu

Outcome: Proved

Penalty: Driver Alan Pyers suspended 4 days

EVIDENCE:

Following Race 5 Information A17252 was filed with the Adjudicator.  It was alleged that Mr A Pyers the Driver of “AMERICAN ME” used his whip with more than a wrist flicking motion from the 300m.

Mr Pyers said that he understood the Rule, Charge and said that he admitted the breach.  However after viewing the films further and hearing from Mr Munro he requested and was granted approval by the Adjudicator to change his plea from Guilty to Not Guilty.

Mr Munro showed film replays and said that from the 400m Mr Pyers had used his whip with more than a wrist flicking motion, he said that he had used his forearm and elbow and not his wrist.  He said that there was some respite around the bend, but that he then started again and used a very high whip action from the elbow.  He added that some were back to the old fashioned method of whip use.  Mr Munro then said that Mr Pyers used his whip above a 45⁰ angle.

Mr Pyers asked Mr Munro what was the old way of using it.

Mr Munro replied “use of the forearm”.

Mr Pyers said that he was only flicking with the whip and said that he only did it 6 times in the straight and that that is how he drives.  He added that he was only flicking him and high lined him and only hit him on the tail.

SUMMATION:

Mr Munro said that the Rule was introduced to clean up the image of whip use and that all Drivers had to change.  He said that Mr Pyers breached the Rule and using the whip by more than a 45⁰ angle was a breach in itself.  He added that Mr Pyers used a downward motion and had breached the Rule.

Mr Pyers said that Mr Munro said that he used the whip at a 45⁰ angle but he contended that it was not every stride.  He said that he was 100% sure that he only flicked 6 times and that the public would not be concerned.  He added that he only long reined his horse and only flicked him and that he supported the Whip Rule.  Mr Pyers said that he may have hit him 12 times.

REASON FOR DECISION:

The Committee considered all of the evidence and submissions from both parties.

Having regard to the Rule and Whip Regulations which were read by Mr Munro, it was clear to the Committee that Mr Pyers used his whip in more than a wrist flicking motion.  The film replays of Mr Pyers’ drive leaves no doubt in the Committee’s mind that the Rule was breached.  In the run home Mr Pyers, whilst a rein was in each hand, raised his whip hand very high on several occasions and used downward force on his horse.

That action constituted more than a wrist flicking motion.

DECISION:

The charge preferred against Mr Pyers was proved.

SUBMISSION FOR PENALTY:

Mr Munro said that Mr Pyers had had 21 drives this season and only drove in the Central District.  He said that on 26 October 2021 Mr Pyers was fined $300 for using the whip free of the rein.  He said that the Penalty Guide starting point for any subsequent breach has a starting point of 3-Days Suspension.

When invited to comment Mr Pyers said that he just wanted to go and that he was sick of it.

REASON FOR PENALTY:

Considering all matters pertaining to penalty, the starting point, the record and the very clear breach of the Rule, it was determined that a 4-Day Suspension was a condign penalty.

CONCLUSIONS:

Mr Pyers Horseman’s Licence was suspended from 8 November up to and including 9 December 2021 (4 Days – Central District).

Decision Date: 08/11/2021

Publish Date: 11/11/2021