Akaroa TC 12 October 2025 – R2 – Paul Nairn

Following the running of Race 2, Ford Contracting/McDonald Construction Trot, Open Driver, Paul Nairn, admitted a breach of the Whip Rules in that, as the Driver of SOMETHING ELSE in the race, “he used his whip free of the rein in the run home”.

Rule 869 provides:

(2)  No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Whip and Rein Regulations provide:

3.2     A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed a video replay of the final 300 metres of the race. He pointed out SOMETHING ELSE, driven by Mr Nairn, improving 3-wide near the lead as the field entered the home straight. He then showed Mr Nairn activate gear with his right hand at about the 250 metres and, without regathering the reins, begin to urge his horse with the whip, and continue to do so to the finishing line.

Mr Nairn said that the horse was inclined to get rough in its gait and he was trying to “hold onto her”. He could not drive it out and use the reins at the same time, he said. It was difficult to change old habits, he said.

The Adjudicative Committee noted that SOMETHING ELSE finished in 10th placing in the 14-horse field.

DECISION:

The charge, having been admitted, is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr Nairn has had 61 drives this season and his record is clear. He submitted that the breach was high-level, Mr Nairn having used his whip over a distance of some 250 metres in the straight with the reins in one hand.

Mr Renault referred to the Penalty Guide starting point for penalty for a first, high-level breach – a 3-days suspension. He submitted that a suspension of 3 days was an appropriate penalty for the breach.

Mr Nairn requested that any suspension commence immediately.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a first, high-level breach of a 3-days suspension. A “high-level breach” is defined as when a driver “shows total disregard for the Regulations and does not return to a compliant style”.  The Adjudicative Committee sees this particular breach as being high-level, within that definition, as submitted by Mr Renault.

There are no relevant aggravating or mitigating factors to consider. The appropriate penalty is, therefore, a 3-days suspension, as per the Penalty Guide.

CONCLUSION:

Open Driver, Paul Nairn’s, Licence is suspended from after the close of racing on 12 October 2025, up to and including 24 October 2025 – 3 days. The meetings intended to be encompassed by the period of suspension are the NZ Metropolitan TC Meetings on 17, 22 and 24 November 2025.

It is noted that Mr Nairn has no drives at the meeting of New Zealand Metropolitan TC on 15 October, for which Drivers have been notified.