Motorsport Australia has released the full findings of its Melbourne hearing, explaining why it upheld Triple Eight's disqualification from Newcastle 500. RepcoSC
T8 duo Shane van Gisbergen and Broc Feeney were stripped of first and second position from the opening leg of Newcastle 500 on March 11, with Tickford's Cam Waters declared the eventual winner of the race.
Now, on Friday evening, Motorsport Australia has released the full findings of its hearing, which can be found below. 4. The appellant admitted that the placement of the systems did not conform to Rule C16.2.1.1. However, the appellant submitted that the HoM had given the team permission to use the system as installed. Mr Dutton, the team manager of the appellant gave evidence about this as follows: And then I said we’ve actually – we now have helmet air cooling, dry ice. As well as the – the electric cooling. The – the [chillout] box, which does the cool suit. So we’ve – we’ve not got two systems mounted.
10. On the hearing of this appeal the appellant sought leave to adduce further evidence in the form of a statement by Mr Dutton. If the Court allowed this statement to be admitted, the respondent sought leave to adduce evidence of its own by way of reply. This was by way of a statement by one of the Stewards and a statement by the HoM, Mr Burgess.
14. The Stewards rejected this submission and found that the HoM had not given permission to the appellant. They found that, while Mr Dutton might have believed that that was so, his belief was mistaken. 17. Rule 2.1.6 cannot be understood to confer a power upon the HoM to confer upon the HoM an unconstrained power to authorise a departure from the rules. If it did so, it would also mean that it authorised the HoM to “instruct” a competitor to comply with an instruction given by the HoM to do something that the rules do not require a competitor to do. This would be tantamount to a conferral of a power upon the HoM to legislate new rules from time to time as he thought fit.
22. Accordingly, even if the HoM had “instructed’ Mr Dutton in the way in which he submits he was instructed, it could make no difference. The HoM had no power to “instruct” the appellant that it did not have to comply with a Technical Rule. 25. There was a question raised at the hearing about “minor ineligibility” but it was not raised by the appellant. It was raised by Mr Mori, the Deputy Race Director. The point emerged in the following statement by Mr Mori. The only other submission I’d like to raise is that with anything technical, we
In our respectful opinion, the discussion about performance improvement was, therefore, misconceived. 32. The requirement for the parties to raise the issues that they wish to litigate is common to all forms of litigation and the judicial processes in motorsport are no exception. Indeed, the judicial process for motorsport is unlike formal court-based litigation in a way that makes this principle even more significant. Rule B5.7.5 requires the Court to take into account and give primacy to the sporting nature of the Rules over any strict legal requirements.
38. The imposition of a penalty by the Stewards is an exercise of discretion. For that reason, it must be accepted that reasonable minds could differ about what is an appropriate penalty. It is not for the Court of Appeal to decide what it thinks would have been appropriate and to substitute its own opinion for that of the Stewards. It is they who have charge of the race and who have first-hand experience of the circumstances surrounding a particular breach of the rules.
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