Methven TC 28 January 2024 – R3 (heard 2 February 2024 at Addington) – Mark Smolenski

EVIDENCE:

Following the running of Race 3, Stipendiary Steward Mr Shane Renault presented an Information alleging a breach of Rule 869(2) by Open Driver Mr Mark Smolenski.

The hearing of the Information was opened and adjourned sine die and heard 2 February 2024 at Addington Raceway.

Mr Smolenski stated he was conversant with the Rule and Charge and confirmed his admittance of the breach.

Mr Renault played the final straight video to identify Mr Smolenski (HENRY WINKLER) racing mid-field with approximately 300m to run.

Mr Renault pointed to three strikes, which he said Stewards could not accept to be wrist flicking only.

Mr Smolenski agreed with Mr Renault’s assessment.

DECISION:

The Respondent having admitted the breach, the Charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said Mr Smolenski has had 11 drives last season and was suspended on 1 January for 2 days under this Rule. Mr Renault said Mr Smolenski has been compliant at some stages in the run home and the assessment of the breach is low level. Mr Renault said as this is Mr Smolenski’s second breach, Stewards would be seeking a 3-day suspension as Penalty.

Mr Smolenski made no submissions.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 3-day suspension for a second breach at low level.

The Adjudicative Committee found no factors to depart from the Guidelines in the circumstances of this case.

CONCLUSION:

Accordingly, Open Driver Mr Mark Smolenski’s Licence to drive in races is suspended from the conclusion of racing today up to and including racing on the 11 February 2024.