Banks Peninsula TC – 3 April 2005 – Race 8

Following the running of Race 8, Dalgety Racing Stables/Advanced Joinery/Alectra Discretionary Pace, an information was filed by Stipendiary Steward, Mr N G McIntyre against Licensed Junior Horseman, Mr S F Smolenski, alleging that Mr Smolenski, as the driver of PARIS BELLE in the race, forced BALISTIC MISSILE (R P Nyhan) to race wider on the track with approximately 1100 metres to run.

Mr Smolenski, who was assisted by Licensed Trainer Mr W F Fletcher, did not admit the breach.

Mr Nyhan stated that, with approximately 1100 metres to run, the pace had increased and he was not quite up on the back of the horse in front. He was in the 3-wide line at this point, racing outside the wheel of PARIS BELLE. Mr Smolenski had come out and Mr Nyhan was forced 4-wide. He had not wished to go 4-wide.

Mr S T Larkins, Stipendiary Steward, showed the incident on side-on and head-on video replays. He pointed out Mr Nyhan improving forward and Mr Smolenski, on his inside, easing back and then shifting out and moving forward. Mr Nyhan was racing 3-wide outside the wheel of Mr Smolenski and was forced 4-wide. It was "very evident" that Mr Nyhan had progressed to get outside the wheel of Mr Smolenski and

that Mr Smolenski had shifted out at that point. Mr Larkins pointed out the 1000 metre mark and stated that the incident had taken place before that mark had been reached.

Mr Smolenski stated that, when he came out, Mr Nyhan, although outside his wheel, had not been progressing forward. He, therefore, had every right to come out, he said. Mr Nyhan went forward only when he, Mr Smolenski, came out and went forward. Mr McIntyre put it to Mr Smolenski that he had been pushed back prior to coming out and Mr Smolenski admitted that it appeared that Mr Nyhan had been going forward because of that. Mr Smolenski admitted that Mr Nyhan had been forced to race 4-wide.

The Committee, after considering all of the evidence, was satisfied that the elements of a breach of the push-out Rule had been proved. Mr Smolenski admitted that the nose of Mr Nyhan's horse was in line with or past his sulky wheel and, further, that Mr Nyhan was forced to race wider on the track. The Committee was satisfied from the evidence of Mr Nyhan and Mr Larkins and from its own observations from the video that Mr Nyhan was, in fact, progressing forward at the time and, accordingly, the charge of a breach of the push-out Rule was proved.

Mr McIntyre informed the Committee that Mr Smolenski is a highly-rated junior driver. He had previously breached the push-out Rule at Oamaru on 19 September 2004. In the circumstances, Mr McIntyre recommended a fine in the vicinity of $200 or a 2-days suspension.

Mr Smolenski informed the Committee that, although he was not in a strong financial position, he would prefer a fine to a suspension.

The Committee took into account Mr Smolenski's status as a junior driver, his financial position, the fact that the breach took place just prior to the 1,000 metre mark and that Mr Smolenski's defence was not a frivolous one.

Mr Smolenski was fined the sum of $175.00.