Kaikoura TC 30 October 2023 – R7 – Paul Nairn

Evidence:

Following the running of Race 7, the Respondent Driver Paul Nairn admitted a breach of Whip Rule 869 (2).  The particulars of the charge are that when driving OUTAMYWAY he used his whip free of the rein in the run home.

Rule 869 provides that:

(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.

Chief Stipendiary Steward Nigel McIntyre used available video footage to demonstrate the breach. He pointed out Mr Nairn driving OUTAMYWAY racing 4 back on the pylons as the field turned for home. Mr McIntyre showed that Mr Nairn activated the horse’s deafeners shortly after the field turned for home and drew his whip, using it on one occasion free of the rein. He added that Mr Nairn promptly returned back to a compliant style of whip use for the remainder of the race.

Mr Nairn stated that he had just forgot the Rules momentarily and only used the whip on the sulky shaft. 

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr McIntyre produced the Respondent’s record which indicated a previous breach within the prior 6 months, being a 4-day suspension for a free of rein and continuous breach.

Mr McIntyre said that Stewards assessed the breach to be low-level and as it was a Group 3 Race, submitted that it be dealt with by way of a 4-day suspension. The starting point for a 2nd breach in a Group 3 Race is a 5-day suspension as per the Penalty Guide. 

Mr Nairn elected to make no submissions in regard to penalty apart from requesting a deferment of penalty until after racing at Addington on 3 November 2023.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as very low-level. The fact that there was only 1 strike free of the rein and that strike was clearly on the sulky shaft, were factors in assessing the breach.

The Penalty Guide provides a 5-day suspension starting point for a second breach of this Rule for a Group 3 Race within a 6-month period.

It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.

After taking consideration of all factors, including that it was only 1 strike free of the rein and that strike was on the shaft, the Adjudicative Committee deemed a 3-day suspension to be an appropriate penalty.

Conclusion:

The Respondent is suspended for a period of 3 days commencing after racing on Friday 3 November 2023, up to and including 16 November 2023. Relevant race days encompassed in this period of suspension are: Rangiora – 10 November, 14 November – Addington and Ashburton – 16 November 2023.