NZ Metro TC 16 May 2025 – R3 – Paul Nairn

Following the running of Race 3, Bar Studs Handicap Trot, Open Driver, Paul Nairn, denied a breach of the Whip Rules in that, as the Driver of TU TANGATA in the race, “he used his whip 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:

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

 3.4     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 applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Chief Stipendiary Steward Nigel McIntyre, showed a video replay of the final 200-300 metres of the race. He pointed out TU TANGATA, driven by Mr Nairn, improving 3-wide near the lead as the field neared the home turn. Stewards were alleging that, prior to the turn and after turning for home, Mr Nairn used his whip in a continuous manner approximately 28-29 times, without force, Mr McIntyre said.

Mr Nairn said that probably 10 of the alleged strikes hardly “touched the bum”, but were across the top of the cropper. He was more using the reins, than the whip. He said that, while it may look like he had not broken up his whip use, he was not hitting the horse and there was no force involved. He was trying to get the horse to do its best, without “knocking him around”, he said.

Mr McIntyre said that, regardless of whether the horse was being struck, the whip was being used. That was a well-established principle, he submitted. It would be perceived by viewers that the whip was being used in the vicinity of the horse.

The Adjudicative Committee noted that TU TANGATA finished in 5th placing.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

The Adjudicative Committee is comfortably satisfied that Mr Nairn has used his whip in a continuous manner in the run home, as alleged.

There is no definition of “continuous” in the Whip Rules or Penalty Guide. However, “continuous” can be defined as “prolonged without interruption; unceasing” or “in an unbroken series or pattern” (Collins Dictionary). The Whip and Rein Regulations make it an offence for a Driver to use or apply the whip continuously.

The Stewards alleged that Mr Nairn has used his whip continuously, and the video evidence supports that he has used his whip 20 times or more, over a distance of approximately 200 metres in the final stages of the race. That is continuous by any definition.

Mr Nairn argued that many of his strikes were not “strikes”, in that they were not applied to the horse. The Adjudicative Committee does not agree. It appeared that all, or most of the strikes, were indeed on the horse. In any event, the Rule or Regulations do not require, for a breach to be committed, that the horse be struck. A breach can be established based on the manner and context of use, irrespective of whether the whip actually hits the horse.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Mr Nairn has a previous breach on his record – at Addington on 11 April 2025, for using his whip free of the rein, suspended 5 days (Listed Race).

Mr McIntyre referred to the Penalty Guide starting point for penalty for a second, mid-level breach – a 4-days suspension. The breach was mid-level, Mr McIntyre submitted.

Mr Nairn sought a deferment until after racing at Addington on 23 May next.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a second, mid-level breach of a 4-days suspension. A “mid-level breach” is defined as when a Driver “inadvertently uses the old whipping style for approximately 50 metres or more before returning to a compliant style”. The strikes were, by no means, forceful. The Adjudicative Committee sees this particular breach as being mid-level, within that definition, as submitted by Mr McIntyre.

There are no relevant aggravating or mitigating factors to consider. The appropriate penalty is, therefore, a 4-days suspension, as per the Penalty Guide.

CONCLUSION:

Open Driver, Paul Nairn’s Licence is suspended from after the close of racing on 23 May 2025, up to and including 6 June 2025 – 4 days.