NZ Metro TC 16 June 2023 – R4 – Paul Nairn

BACKGROUND:

Following the running of Race 4, Hydroflow Distributors Limited Handicap Trot, the Respondent Driver, Paul Nairn, as the Driver of MATUA TANA in the race, admitted a charge of using his whip free of the rein near the 1100 and 300 metres and in a continuous manner 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:

3.1  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.

3.3  A driver shall not use a whip in an unapproved manner

3.2   For the purposes of Clause 3.3, a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

3.4.2   If the whip is used excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Paul Williams, had Steward, Shane Renault, show a video replay of part of the race, approaching the 1100 metres. He pointed out MATUA TANA, driven by the Respondent, racing in the one-one position. The Respondent then turned his whip, switched the reins to his left hand and used his whip, free of the rein, on six occasions, before regathering the reins.

Mr Renault then showed that, near the 300 metres, the Respondent activated gear and again used his whip twice, free of the rein. Stewards were not contending any of the strikes free of the rein were strong, Mr Williams said.

Finally, Mr Williams showed, in the final 200 metres, the Respondent used his whip in a continuous manner, without breaking up his whip use.

The Respondent commented that the horse was “surprisingly lazy” in the race and, in using the whip free of the rein, he was attempting to hold his position. However, he said, he understood the Whip Rules.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent is an infrequent Driver. He has had 18 drives in the current season and, in the 2022 season, had a total of 27 drives. He has a clear record in relation to use of the whip.

The Stewards were concerned that there have been three separate breaches and, accordingly, assess the charge as being mid-range, Mr Williams said. He referred to the Penalty Guide, which suggested a “Starting Point – 1^st breach” of a $500 fine or 2-days suspension.

The Respondent preferred a suspension and did not require a deferment.

REASONS FOR PENALTY:

None of the three incidents in this case involving contravention of the Whip Rules, viewed separately, is worse than mid-level. However, because there are three incidents, the breach becomes high-level in the view of the Adjudicative Committee.

The RIB Harness Racing Penalty Guide (February 2023) starting point for a high-level, first breach is a 3-days suspension. A fine is, therefore, not an option. Furthermore, an uplift of 1 day from the starting point is appropriate in the circumstances of this case, there being multiple breaches.

CONCLUSION:

The Respondent Open Driver, Paul Nairn, is suspended from after racing on 16 June 2023 up to and including 2 July 2023 – 4 days.