Westport TC 7 March 2025 – R10 – Paul Nairn

Summary of Facts:

Following the running of Race 10, 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 on one occasion and in a continuous manner 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, with the assistance of Stipendiary Steward, Matt Sole, used available video footage to demonstrate the breach. He pointed out Mr Nairn driving TU TANGATA, racing 3 wide and in contention, as the field turned for home. Mr Renault showed that Mr Nairn activated gear shortly after the field turned for home, near the 200m and then drew his whip, using it on one occasion free of the rein. Mr Nairn, he said, then used his whip in a continuous manner, albeit with his hand on the rein, for the rest of the race. Mr Renault estimated the number of strikes to be 25 plus. He added that the strikes were not forceful, but the continuous use and sheer number was the issue.

Mr Nairn stated that he saw little difference between using the reins to slap the horse and using the whip continuously, as encouragement for his drive. He added that the strikes were light and not forceful.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record, which indicated a clear record, apart from a warning at Ashburton 4 drives ago. He said that Mr Nairn drove on 48 occasions last season and to date this season, 13 drives.

Mr Renault said that Stewards assessed the breach to be mid-level, with the Penalty Guide providing a 2 day suspension or $500 fine as a starting point. 

Mr Nairn requested a suspension be considered as penalty and asked that any suspension start immediately.

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 also assessed the breach as mid-level, due to the number of strikes over the total final 200m.

The Penalty Guide provides a 2-day suspension or $500 fine as a starting point for an initial breach of this Rule, within a 6-month period.

It was determined that there were no aggravating factors to consider, therefore no uplift was warranted.

After taking consideration of all factors and submissions, the Adjudicative Committee deemed a suspension to be an appropriate penalty, with that suspension being set at 2 days.

Conclusion:

The Respondent is suspended for a period of 2 days, commencing after racing on Friday 7 March 2025, up to and including 14 March 2025. Relevant race days encompassed in this period of suspension are Reefton – 9 March 2025 and Addington – 14 March 2025.