Banks Peninsula TC – 29 December 2007 –

hearingid: a1e6f74c33ccf189bc2f97045142d868

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hearing_racingtype: harness-racing

startdate: 29/12/2007

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decisiondate: no date provided

hearing_title: Banks Peninsula TC - 29 December 2007 -

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Following the running of Race 4, Wigram Lodge Junior Drivers Mobile Pace, an information was filed by Stipendiary Steward , Mr N M Ydgren, against Licensed Junior Driver, Mr S F Smolenski, alleging a breach of Rule 869 (4)

Following the running of Race 4, Wigram Lodge Junior Drivers Mobile Pace, an information was filed by Stipendiary Steward , Mr N M Ydgren, against Licensed Junior Driver, Mr S F Smolenski, alleging a breach of Rule 869 (4) in that Mr Smolenski, as the driver of EASTWOOD FIRE in the Race, "drove in a manner likely to cause interference when improving outwards for a run when not sufficiently clear of BORN TO WIN (S P Renault)".

Mr Smolenski was present at the hearing of the information and was assisted by Licensed Open Driver, Mr J W Smolenski. He did not admit the breach.

Mr Ydgren said that in Race 4, Mr Smolenski had driven the eventual winner, EASTWOOD FIRE, that had trailed the leader, THE SUMMER RAINBOW, throughout the Race. Approximately 150-200 metres from the finish, Mr Smolenski had moved his horse outwards while BORN TO WIN was racing on its outside. BORN TO WIN had several horses on its outside and could not be forced to race any wider, Mr Ydgren alleged.

Mrs K R Williams, Stipendiary Steward, showed video replays of the relevant part of the Race. She pointed out Mr Smolenski behind the leader and looking for a run. He came out and made contact with the legs of BORN TO WIN forcing that runner to be restrained. The horse on the outside of BORN TO WIN, GENES WEST (N P Williamson) did not shift in at all, Mrs Williams submitted. Mr Renault was not improving but was still holding his ground, she said.

Mr Ydgren said that Mr Smolenski was always going to get the run on the outside of the leader and his outward movement was gradual. He had, however, come out too early, Mr Ydgren submitted.

Mr Renault stated that he was "not going any good" and was "definitely going to run down the track". Mr Smolenski came out and his wheel made contact and he had to ease back or he would have fallen. He had tried to move out of the way but had Mr Williamson on his outside. Mr Smolenski claimed that there had been no contact. The movement was from the outside.

Mr J W Smolenski said that he had viewed the video replays several times and that Mr Smolenski was "nowhere near" Mr Renault who had pulled out to let Mr Smolenski get a run.

Mr Smolenski alleged that GENES WEST had moved in "about a cart" and was more responsible for the check to BORN TO WIN. Because GENES WEST had moved in, Mr Renault was left with no room. Mr Smolenski said that he had not gone "anywhere near" the legs of BORN TO WIN. There was room for him to come out, Mr Smolenski submitted. Mr Smolenski demonstrated the inward movement of GENES WEST on the video. Mr Renault confirmed that his horse wore a Murphy Blind on its near side and, therefore, could not see Mr Smolenski’s horse. Mr Renault, when questioned by Mr Smolenski, stated that there had been "slight contact". Mr Renault stated that GENES WEST had moved in at the same time as Mr Smolenski came out.

Finally, when asked by Mr Ydgren whether his progress had been impeded by Mr Smolenski’s coming out underneath him, Mr Renault replied that he had had to ease back because he had run out of room but, he stated, from the video it appeared that one horse had come in and the other had come out leaving him with no room.

After a deliberation, the Committee delivered the following oral decision:

"Mr Smolenski has been charged with driving in a manner likely to cause interference when, as the driver of EASTWOOD FIRE in Race 4, he allegedly improved outwards when not sufficiently clear of BORN TO WIN, driven by S P Renault. The Committee listened to the submissions of Mr Ydgren, the evidence of Mr Walkinshaw, the submissions made by Mr Smolenski and Mr J W Smolenski who assisted him at the hearing. The Committee also carefully viewed the video replays.

The evidence of Mr Renault was equivocal. The video evidence showed that an inward movement from GENES WEST, driven by N P Williamson, may have contributed to Mr Walkinshaw being forced to restrain his horse. Mr Renault, in his evidence, conceded this. It was not established whether or not there was any contact, even though it is not necessary to prove contact to prove a breach of the Rule.

On a consideration of all of the evidence, I am left in some doubt to the extent that I am not satisfied, on a balance of probabilities, that the charge has been proved and, accordingly, the charge against Mr Smolenski is dismissed".

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.4

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