Non Raceday Inquiry – Decision dated 4 December 2022 – Paul Nairn

Background:

Information No. A21024, filed by Chief Stipendiary Steward, Nigel McIntyre, alleged that the Respondent Trainer, Paul Nairn, as the Trainer of THE IVY LEAGUE, a runner in Race 1, Sims Bakery Trot, “failed to notify as soon as practicable that THE IVY LEAGUE had a knee treated prior to the race meeting”.

Mr McIntyre produced an Authority to Charge signed by Mike Clement, Chief Executive of the RIB. The charge was heard at the meeting of NZ Metropolitan TC held at Addington Raceway on 4 December 2022.

The Respondent had endorsed the Information “I do admit a breach of the Rule” and confirmed that he understood the Rule and the nature of the charge.

The Rule provides as follows:

305. Every person who holds a permit or licence under these Rules and every owner, driver, trainer or person in control of a horse shall –

(c)  report to the Stipendiary Steward as soon as practicable anything which might have any bearing in the past or the future running of the horse which came to their notice after leaving the course.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, said that during the week the Respondent notified Steward, Paul Williams, that THE IVY LEAGUE had been treated (on 9 November) for a knee, prior to the Geraldine meeting the previous Saturday, 26 November. The notice was after the fact, Mr McIntyre said. Such notice is required to be given prior to the race meeting, as it may have a bearing on the future performance of the horse.

Mr McIntyre said that the Respondent’s honesty in advising Stewards meant that the information was able to be included in the Stewards’ Report for the meeting of Akaroa TC on 3 December and prior to the horse’s race today, in which it had finished 2^nd.

Mr Nairn said that, during the week, he was happy with the horse and it seemed to have improved, after having been disappointing at Geraldine. That fact “jogged” his memory that he should have notified the treatment to the horse, he said.

DECISION:

The charge is admitted by the Respondent and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that there are no guidelines for penalty for breaches of this particular rule. However, he said, under the new Penalty Guide, yet to come into effect, the starting point is prescribed as a $200 fine. Stewards were submitting that a fine of that amount would be appropriate.

REASONS FOR PENALTY:

The Adjudicative Committee noted that a breach of the Rule is soon to be treated as a minor infringement with a fine of $200. We believe that, given that, the fine in this instance should be $200. The Respondent is to be commended for reporting the treatment, albeit belatedly, to enable the information to be given to the betting public prior to today’s race.

PENALTY:

The Respondent, Trainer Paul Nairn, is fined $200.