Yorkshire Phoenix were defied by a resolute Ben Smith, who hit 88 not out off 106 balls, to bring Leicestershire Foxes a three wicket win with ten balls to spare at Headingley yesterday to preserve their unbeaten record in Division One of the Norwich Union National League.

Yorkshire did not help their own cause by putting down two catches which should have been held.

Skipper David Byas also took a gamble that did not pay off by calling on debutant paceman Chris Elstub instead of Paul Hutchison when Leicestershire required 22 from four overs.

It was a tall order for the 19-year-old and he gave away 11 runs to make a Leicestershire victory inevitable.

The tactic was all the more mystifying because Hutchison had earlier taken the first three wickets to fall in an 11-ball burst.

The visitors, who batted for much of the time in murky conditions and drizzle, also enjoyed two escapes due to fielding lapses.

Hamilton dropped Phil DeFreitas at long off with the score on 94 for three and James Middlebrook more crucially put down Smith on 55 when he hit back a full toss to the off-spinner.

Leicestershire at that stage were 141 for six and they would have been in deep trouble if they had lost Smith with the light fading and the pressure mounting.

With his side chasing a 109 target, Leicestershire skipper Vince Wells made sure that if the Duckworth-Lewis system came into play his side would be well ahead by thrashing 19 out of 28 off the first four overs before being bowled aiming a big drive at Hutchison.

Hutchinson then yorked Darren Stevens and had Trevor Ward caught high at square leg by Matthew Wood.

But Leicestershire were put back on course by Smith and DeFreitas in a 70 stand which ended when Defreitas drove Darren Lehmann gently to Michael Vaughan at cover.

Lehmann and Middlebrook both managed to keep batsmen in check but apart from his lapse when he drilled the ball back to Middlebrook, Smith was very much in control.

His unbroken eighth wicket stand with Aftab Habib was worth 36 in seven overs.

Headingley groundsman Andy Fogarty had done a magnificent job in getting the field ready for a prompt start after hours of continuous rain, but it was a good toss for Leicestershire to win because the outfield was very slow for Yorkshire when they were put in to bat.

They could feel well satisfied with their 189 for three, which was almost entirely due to a 113 partnership in 29 overs for the second wicket between Gary Fellows and Richard Blakey.

Fellows hit a career-best 65 off 101 balls with four boundaries before falling to a splendidly judged overhead catch by DeFreitas.

Several more of his strokes would have reached the fence but for the sodden grass.

Lehmann then entertained with a brisk unbeaten 30 off 26 balls, putting on 48 with Blakey, who was out cutting at Lewis in the penultimate over. His 62 off 118 balls with four fours was his best effort since making 96 against Leicestershire at Grace Road in 1993.

Craig White has had an injection on his knee after a scan revealed a small cyst and he will not be fit in time for the County Championship match against Durham at Riverside, starting on Wednesday.

Michael Vaughan returns after breaking a bone in his hand in the opening game of the season.