1. He's a Pawn.
2. Hyper Backgammon (as well as, possibly, all other versions of Backgammon) is poorly implemented (sorry Fencer, but... this case was ample proof)

Conclusion: Play with what you are allowed; obviously there is no rule that says "when a game implementation is faulty, try to stick to the rules of real world play"...

Maybe posts like this can make a difference in the future for the benefit of all, and make Pawns be heard for a change...