Banks Peninsula TC – 2 October 2005 – Race 2

Following the running of Race 2, The Southern Trust Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Junior Horseman, Mr S F Smolenski, alleging that Mr Smolenski, as the driver of HARLEY JAMES in the race, drove in manner causing or likely to cause interference when shifting ground inwards when not sufficiently clear of SHIVAS REGAL (K M Barron) causing that horse to break.

Mr Smolenski did not admit the breach. The Committee noted that Mr Smolenski was a Junior Horseman and that he had received advice from a senior horseman prior to electing not to admit the breach.

Mrs Williams said that it was alleged that Mr Smolenski moved down the track when not sufficiently clear of SHIVAS REGAL. She alleged that it was clear that Mr Barron had to "restrain back" when tightened for room.

Mr N G McIntyre, Stipendiary Steward, showed the incident on video replays. He pointed out SHIVAS REGAL racing on the inside of HARLEY JAMES. Mrs Williams alleged that Mr Smolenski then shifted down the track and tightened Mr Barron. She alleged that Mr Smolenski, initially, had looked for a run on the outside of HUDATHUNKIT (A M Butt) as there was no run on the inside. Had he waited another five strides, there would have been room outside SHIVAS REGAL which was giving ground.

Mr Barron said that his horse was tiring and was dropping out. HARLEY JAMES had changed ground and his horse had "baulked off" it. The horse was tightened and had nowhere to go. There was no contact with HARLEY JAMES and no movement from Mr Barron's inside. Mr Barron confirmed, when asked by the Committee, that the interference to his horse had been caused by Mr Smolenski but not by contact ? his horse sensed it was going to be squeezed and galloped. Another horse could have taken the interference and not galloped but SHIVAS REGAL did.

Mr Smolenski said that he intended to come out but his horse would not do so. When he came back down, he said, he waited and there was enough room. He was not aware of what had happened to Mr Barron's horse. He had not contacted Mr Barron's horse which was tiring.

The Committee considered all of the evidence including the video evidence. The Committee found that, with approximately 100 metres to run, HARLEY JAMES was racing behind HUDATHUNKIT and looking for racing room. Mr Smolenski looked for a run outside HUDATHUNKIT and, when no run was available, switched to the inside and, in moving inwards when insufficiently clear of SHIVAS REGAL, tightened that horse which broke. This was apparent from the videos and from the evidence of Mr Barron. The Committee was therefore satisfied that Mr Smolenski had driven in a manner causing interference or likely to cause interference and, accordingly, the charge was found proved.

In relation to penalty, Mrs Williams informed the Committed that Mr Smolenski had been fined $175 for a breach of the pushout rule some 6 months ago. She recommended a fine of $250 -300. Mr Smolenski submitted that $250 was "a bit steep".

The Committee took into account the submissions of the parties and, also, the fact that the offence was at the lower end of the scale and that the chances of Mr Barron's horse had not been affected by the interference.

Mr Smolenski was fined the sum of $250.