NZ Metro TC 13 April 2023 – R6 – Paul Nairn

EVIDENCE:

Following the running of Race 6, Stipendiary Steward Mr Shane Renault presented an Information alleging a breach of Rule 868(2) by Driver Mr Paul Nairn.

Mr Nairn stated he understood the Rule and the charge and confirmed he admitted the breach.

Rule 868(2) states: every Driver shall take all reasonable and permissible measures at all times during the race to ensure that his/her horse is given full opportunity to win the race or to obtain the best possible position and/or finishing place.

Mr Renault played the videos of the final 400m of the race and identified Mr Nairn driving TU TANGATA racing 4 back in the running line. He pointed to SIOUX PRINCESS (S Ottley), who Mr Nairn was following, angle out from behind the eventual winner of the race I DREAM OF JEANNIE, to a 3 wide position entering the home straight. Mr Renault said at this juncture Mr Nairn, instead of following Ms Ottley out to obtain a clear run, chooses to stay in the running line and was held up for some distance between runners until gaining clear air and finishing strongly in 3rd place.

Mr Renault said Stewards allege Mr Nairn’s decision not to follow Ms Ottley into clear racing room, was unreasonable and he shouldn’t have left it to chance that he would have found a run between horses.

Mr Nairn said his decision not follow Ms Ottley out was because he didn’t think she was travelling well enough, but as it turned out, she was. He said he could understand the Stewards’ point of view.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said Mr Nairn had driven 11 times this season, 27 in the last. He said Mr Nairn had a clear record, but the one aggravating factor is Mr Nairn was driving the favourite for the race.

Mr Nairn made no submissions for penalty but asked for a deferment to allow him to drive at Methven on Sunday 16th April.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 7-day suspension for a first breach of this Rule.

Any breach of this Rule has regard for the need to protect the interest of punters and the integrity of Harness Racing. The focus of the Rule is the quality or otherwise of the drive. That is to say if the Driver fails, given the circumstances of the race, to take all reasonable and permissible measures throughout the race to ensure that his horse is given full opportunity to win or obtain the best possible place in the field, then he is in breach of the Rule and liable to penalty.

The Adjudicative Committee considers Mr Nairn’s drive was unreasonable and agree with Stewards, given his horse was the favourite, an aggravating factor is present.

Mr Nairn is given credit for his admission and record, and considering all factors, the Adjudicative Committee find a 7-day suspension appropriate in this case.

CONCLUSION:

Deferment is granted and Driver Mr Paul Nairn’s Licence to drive in races is suspended from the conclusion of racing on the 16 April 2023, up to and including racing on the 7 May 2023.