NZ Metro TC 9 February 2024 – R4 – Paul Nairn

Summary of Facts:

Following the running of Race 4, the Respondent Open Driver Paul Nairn admitted a breach of Rule 858(1)(i); namely that when driving TU TANGATA he failed to maintain his position behind the mobile start.

The Respondent, Mr Nairn, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule, his admission of the breach and the nature of the charge.

Rule 858(1)(i) provides:

858(1) A driver must not:-

(i) Fail to maintain his or her position.

Using available video footage, Stipendiary Steward, Shane Renault identified the horse concerned being TU TANGATA driven by Mr Nairn, drawn 3 off the mobile gate, in the correct position as the field passed the candy pole 50m from the start. Mr Renault showed TU TANGATA ease and was a length behind the barrier arm as the start was made.

Mr Nairn stated that TU TANGATA was prone to breaking at the start and he was trying to get the horse through the start process safely. He  concurred that he was out of position as the mobile start was made.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record which was clear under this Rule. Mr Nairn, he stated, has had 2 drives to date this season, with 44 drives last season.

Mr Renault stated that this breach is usually dealt with by way of a MIN with a fine of $100. He said as this was a Group 3 Race, an Information was filed. He stated that previous breaches of this Rule in Group Races had incurred fines of $200. He submitted that a fine of $200 be considered as penalty.

The Respondent, Mr Nairn stated that consideration be given that there was not a second line and no horses were affected.

Reasons for Penalty:

These breaches of this particular Rule are usually dealt with by way of the MIN system with a $100 fine. As this is a Group Race, Mr Renault filed an Information and submitted a fine of $200 be considered as penalty.

The Adjudicative Committee was able to research historic penalties for breaches of this Rule in Group Races that resulted in penalties of $200.

The Adjudicative Committee determined that in this case, and for the sake of consistency, a fine of $200 was appropriate.

Conclusion:

Mr Nairn is fined the sum of $200.