NZ Metro TC 11 April 2025 – R7 – Paul Nairn

Summary of Facts:

Following the running of Race 7, Future Wealth Sires’ Stakes Aged Trotters Classic Handicap Trot (Listed Race), the Respondent Driver Paul Nairn admitted a breach of Whip Rule 869(2).  The particulars of the charge are that “when driving TU TANGATA, 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.

Stipendiary Steward Shane Renault, used available video footage to demonstrate the breach. He pointed out Mr Nairn driving TU TANGATA, racing mid track and mid field, as the horses turned for home. Mr Renault demonstrated that Mr Nairn drew his whip and used it free of the rein on 6 occasions, over the concluding stages of the race. He added that Mr Nairn then returned back to a compliant style of whip use, from the 100m.

Mr Nairn stated that TU TANGATA was a rough trotter and that it was easier to drive the gelding with the whip free of the rein.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record, which indicated a previous breach within the prior 2 months, being a 2-day suspension for a free of rein and continuous breach, at Westport on 7 March 2025.

He said that Stewards assessed the breach to be mid-level and as it was a Listed Race, submitted that it be dealt with by way of a 5-day suspension, as per the starting point, for a 2nd breach in a Listed Race. 

Mr Nairn elected to make no submissions in regard to penalty, apart from requesting any suspension begin as soon as possible.

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 mid range, due to the number of strikes free of the rein, being 6.

Accordingly, the Adjudicative Committee adopted the 5 day starting point for a second breach of this Rule within a 2 month period, in a Listed Race, as set out in the Penalty Guide.

There were no aggravating factors to consider, therefore no uplift in penalty was warranted.

After taking into account all factors, it was determined that a 5 day suspension, commensurate with the Penalty Guide starting point, was an appropriate penalty in this case.

Conclusion:

Mr Nairn was suspended from the conclusion of racing at Methven on 13 April 2025, up to and including 30 April 2025. The meeting at Addington on 15 April, was not included in penalty, as fields and Drivers were already declared for that meeting. Relevant meetings encompassed in this period of suspension are 19 April – Addington, 21 April – Banks Peninsula, 25 April – Addington, Rangiora – 27 April and Addington – 30 April 2025.