Friday, 16 April 2010
Glen Skachill / James Smith Win Manfeild Appeal
The drawn out process of appeal for a jumped start in the 600SP race at Manfeild at the end of February has finally be resolved. And some new recommendations suggested.
Report from Motorcycling New Zealand. Friday 16th 2010
Report on Outcome of Appeals Heard on Friday 9th April 2010 at Holiday Inn, Auckland
Airport.
Appeal Panel
Errol Conaghan (Chair) Henry Plowright
Ray Shearman
Appellants
Glen Skachill
James Smith
Meeting Stewards
Warren New
Trevor Heaphy
Outcome
Both appeals were deemed successful on the following grounds
1/ The evidence to support the original decision was insufficient to prove without doubt that an infringement had occurred.
2/ The specific road race rule 22-8-16 was not followed which disadvantaged the competitors in that they were denied the opportunity to defend the penalty imposed.
3/ The starter could not answer questions relating to the start as per rule 6-6-12 due to being distracted and consequently failed to carry out one of the prime starter duties.
The Appeal panel has the following recommendations.
1/ That an improved system to monitor the start in road race be implemented. The operation of the system to be part of the requirements expected from the organising club and a condition of running the event.
2/ Should the start monitoring procedure fail there must be some ability for the
Stewards to remedy the situation. An addendum to rule 22-8-16 is required.
3/ It is recommend that if the Steward decides to investigate a situation like this using rule 7-1 then part ‘b’ should be mandatory.
4/ There is need for clarification that where rules exist in a specialist or discipline chapter that these rules over-rule those relevant rules in the general chapters and that those rules in the general chapters are not a fall back position..
5/ It is recommended that the Steward’s Commission review the use of infringement notices and in particular the rights of the receiver to defend the issue. Currently defence of infringement notices can only be done by appeal.
6/ It is believed that the meeting Stewards imposed the current decision due to
excessive pressure from a rider group rather than clear evidence. The Appeal Panel believe that there was a breach of the MNZ Code of Conduct by at least one competitor. This is not acceptable.
On behalf of the Appeal Panel
Errol Conaghan
Chairman
Posted by NZSBK at Friday, April 16, 2010
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