National Court - 1 December
The National Court was convened at Motor Sports House on Monday 1st December 2008 to consider three appeals.
1. Mr N Churchill
The National Court heard that Mr N Churchill had assaulted Mr D Wooder, another competitor, at Clay Pigeon on 12 October 2008.
The Court considered eight written statements regarding the assault and found that for a man of his years, Mr Churchill had acted in a most disgraceful manner in threatening to assault Mr Wooder in front of children.
The Court noted that Mr Churchill had showed no respect for the Officials of the Meeting and that he had left the Circuit contrary to Regulation C(a)62. The Court also regretted that Mr Churchill had chosen not to attend the hearing.
Mr Churchill was suspended from holding any MSA Competition licence until 3rd December 2010 and was ordered to pay a £500 contribution towards costs.
2. Mr A Brooks / Plymouth Motor Club
The Court held an inquiry under Regulation 26 into the organisation of the Plymouth Rally on 31st May/1st June 2008 and into the Appeal lodged by Mr A Brooks.
Having considered written evidence on a number of issues, the Court felt that the Plymouth Motor Club did not comply with a number of average timing regulations as specified by the MSA Rally Authorisation Department. The Club fully accepted that they had made genuine mistakes and it was felt that lessons had been learnt.
The Court found the following:
The event should be declared null and void. All entry fees should be returned in full. The next two authorised Road Rallies are to be observed by an MSA appointed observer. Plymouth Motor Club are ordered to pay £250 towards the Courts costs.
Accordingly, the original protest and subsequent appeal by Mr Brooks were voided, therefore all fees were returned.
3. Mr S Smith / British Historic Rally Championship
The Court held an Inquiry under Regulation 26 into the Regulations of the British Historic Rally Championship (BHRC) and the Appeal lodged by Mr S Smith.
Having heard verbal evidence from Mr Champkin on behalf of Mr Smith, and Mr Lucas on behalf of the MSA/BHRC Championship, together with written evidence from both sides, the Court found that the BHRC Championship Regulations have removed statutory judicial levels of MSA Regulations. This has denied competitors due legal process.
Accordingly the Court finds that the decision in Mr Smith's case of removal of Championship points from the Flanders Rally 12/14 September 2008 was incorrect.
The Court therefore orders that the BHRC reinstate Mr Smith's championship points, and those of fellow competitors Mr D Nutt and Mr J Stait, for the Flanders Rally 2008.
The Court orders the return of any protest and appeal fees and BHRC is ordered to pay costs of £250.
