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Thursday, April 6, 2023

DP World Tour wins decision to ban LIV golfers

DP World Tour : Sport Resolutions decision.

Sport Resolutions today announced it has upheld the DP World Tour’s conflicting tournament release regulation and its ability to sanction members who breached it. Furthermore, appeals brought by those members have been dismissed.

DP World Tour flag logo

The decision follows an arbitration which took place before an independent three-person panel, chaired by His Honour Judge Phillip Sycamore CBE, from February 6 -10, 2023.

In summary, the Sport Resolutions panel found that:

  1. Keith Pelley, the DP World Tour’s Chief Executive, “acted entirely reasonably in refusing releases”.

  2. The relevant regulations are lawful and enforceable. The regulations “cannot be said to go beyond what is necessary and proportionate to the [DP World Tour’s] continued operation as a professional golf tour” and the DP World Tour has a legitimate and justifiable interest in protecting the rights of its membership.

  3. The sanctioned members “committed serious breaches of the Code of Behaviour of the DP World Tour Regulations by playing in [LIV Golf events] despite their release requests having been refused”.

  4. All of the players’ challenges therefore failed, their appeals are dismissed in their entirety, and the £100,000 fines originally imposed must now be paid within 30 days

STATEMENT FROM THE DP WORLD TOUR

Keith Pelley, the DP World Tour’s Chief Executive, said: “We welcome today’s decision by Sport Resolutions which upholds our regulations and our ability to administer them.

“We are delighted that the panel recognised we have a responsibility to our full membership to do this and also determined that the process we followed was fair and proportionate.

“In deciding the level of these sanctions last June, we were simply administering the regulations which were created by our members and which each of them signed up to.

“It is, of course, regrettable that resources, both financial and staffing, which could have been otherwise deployed across our organisation, have been impacted by this lengthy arbitration process.

“However, with the clarity provided by today’s decision, we look forward to continuing to focus on our 2023 global schedule, whilst also continuing to plan for 2024 with the valued support of our many partners and stakeholders.

We will now carefully consider the details of today’s decision with our Board, our Tournament Committee and our legal advisors and take the appropriate action in due course.”

The Sport Resolutions decision can be viewed in its entirety here (Decisions | Sport Resolutions).

Opinion :

What actions Keith Pelley and the DP World Tour is the next question, I would think after the Masters would be appropriate, having won, means they have a relatively free hand. I would also think it gives them a chance for some sort of reconciliation if they want to take that route.

As it stands Ian Poulter, Adrian Otaegui Justin Harding were the original applicants back in July 2022 and were allowed to play in the Genesis Scottish Open then were later joined by Lee Westwood, Sam Horsfield, Richard Bland, Shaun Norris, Laurie Canter, Wade Ormsby, Patrick Reed, Berndt Weisberger,  Graeme McDowell, Sergio Garcia, Charl Schwartzel, Branden Grace and Martin Kaymer. Finally after reconsidering in January, Garcia, Grace, Otaegui and Schwartzel withdrew their part in the appeals.

So those left standing have had their appeal denied, face a 100,000 pound fine and are not allowed to play in any DP World Tour event, thus effectively ending their careers there. Garcia, Grace, Otaegui and Schwartzel are not fined but are still banned.

If they have status in majors outwith the DP World Tour, like Sergio does after winning the Masters, they will be able to play them until that status expires.

I expect a rebuttal in short order from Greg Norman on behalf of his Saudi backers (PIF) but there is no appeal allowed of this decision.

Time heals all wounds, however keep in mind all these guys, some legendary figures on the European Tour have taken their money and are committed to 2 years with LIV at least.

Personally, all things considered, none of the players above who jumped and have been paid needed the money, it was sheer greed and an easier road with guaranteed money, no cuts and a way off the grind that is pro golf, no matter what they say about how passionately they believe in their status as independent contractors.

To have your legacy besmirched in the annals of the game that you proudly, brilliantly established was short sighted and foolhardy and is something they will now have to live with in their dotage, no amount of money can replace that, and they are no happier today than they were when they shook hands with the Saudi's.

Bryan Angus



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