Olympic equestrian says whipping ban stems from illegal video recording

The Federation Equestre Internationale (FEI) banned Heath Ryan for 18 months in August over a video that appeared to show him whipping a horse.

Ryan is suing the FEI as well as Equestrian Australia, alleging the video was unlawfully recorded.

The case returns to the NSW Supreme Court in December.

Olympian Heath Ryan has added international horse sport officials to a lawsuit he launched over a ban for whipping a horse.

Earlier this year, the Hunter-based horseman lodged a civil suit against Equestrian Australia over what he alleged was its reliance on an "unlawful video recording" in findings made against him.

The organisation imposed an 18-month ban after findings that he had whipped a six-year-old horse called Nico more than 40 times.

His lawyer, Kyle Kutasi, today said his client had been treated unfairly and would be including the sport's global governing body, the Federation Equestre Internationale (FEI), in his suit.

"He has suffered reputational damage and was suspended without proper process," he said.

"The video was taken out of context and Mr Ryan is now unable to compete and some people have stopped bringing horses to him to train or break in."

The Swiss-based FEI denounced Mr Ryan's conduct after seeing the video. It found he had brought "equestrian sport into disrepute and breached welfare standards".

"Each strike followed the last with no pause and no hesitation, leaving the horse no opportunity to respond," the FEI said in the judgement that led to the ban.

"Even a single whip may be excessive if applied with too much force."

In August, an FEI tribunal issued the 18-month ban, backdated to July last year, and fined Mr Ryan $5,170.

Under the ban, Mr Ryan cannot take part in any competition or FEI‑related activity, including coaching of FEI athletes.

"The Horse displayed signs of pain, distress and fear," the tribunal said in its judgement.

"It kicked out, backed up, swished its tail and moved its head.

"That reaction, together with the audible sound of the whip, demonstrated that the strikes were excessive and caused the horse significant pain."

Mr Ryan, who represented Australia in dressage at the Beijing Olympic Games in 2008, has said the ban and fine stemmed from a video that was filmed illegally and out of context.

At the time the vision emerged online, the equestrian published a statement on his Facebook page.

The tribunal referred to that statement, in which Mr Ryan had said he was acting in the horse's best interests.

Mr Ryan said the horse came to him after an accident that resulted in a female rider needing hospital treatment.

"All I can say is that this awful video was collateral damage of me from the bottom of my heart launching a rescue mission," his Facebook statement said at the time, claiming the horse would otherwise have been sent to a knackery.

When the video first emerged, Mr Ryan, 68, justified his actions in a social media post which described the horse as "uncontrollable".

"I have never ridden anything like [Nico]," he said in the statement.

"I am so sad this was caught on video. If I had been thinking of myself I would have immediately just gotten off and sent Nico to the knackery.

"That video was a life-or-death moment for Nico and of that I was very aware."

In a lawsuit first mentioned in the Supreme Court in July, documents were lodged on behalf of Mr Ryan seeking interim injunctions against Equestrian Australia Limited over what he alleged was an unlawful video recording.

The case was back in court for a brief directions hearing today.

Mr Kutasi told the court papers were also being served on the FEI.

"The second defendant is a foreign-registered corporation, and service is required to be done in accordance with the Hague Convention," Mr Kutasi said.

The Hague Service Convention is an international agreement that makes it easier to serve a legal document from one country to another in civil or commercial cases.

Mr Kutasi said he was advised two weeks ago that service on FEI had "now been undertaken".

The case has been adjourned to December 10.