Rangiora HRC 1 January 2024 – R3 – Mark Smolenski

EVIDENCE:

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

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), finishing strongly in the centre of the field.

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

Mr Smolenski agreed with Mr Sole’s assessment.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Sole said Mr Smolenski had 11 drives last season and was warned under the Rule at Oamaru on 13  December 2023. Mr Sole said Mr Smolenski has been compliant at some stages in the run home and the assessment of the breach is low level. Mr Sole said Stewards would be seeking a 2-day suspension as penalty.

Mr Smolenski made no submissions.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 2-day suspension for a first 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 16 January 2024.