Matter: Conduct prejudicial to interest of the sport and abusive language and behaviour contrary to C(d)1(d) & (e)
The Motor Sports Council's National Court convened at Motor Sports House on 5th May to hear a complaint based on allegations made against Mr Patrick Flynn regarding his conduct during the Border Counties Mini Rally which took place on the 5th April 2008.
Mr Flynn was alleged to have breached Regulations C(d)1(d) and 1(g) in that he acted in a manner prejudicial to the interests of the MSC and motorsport generally. It was further alleged that he used foul and abusive language and behaviour and made threats of physical assault.
Mr Flynn accepted that he was guilty of these allegations in part but disputed some of the reported facts. It thus became necessary to consider oral evidence from four witnesses who were called to give evidence in support of these allegations while several character witness statements were produced in relation to the good character of Mr Flynn.
Following representations made in mitigation by Mr Flynn, the National Court find as follows:-
1. There were two distinct separated incidents, where Mr Flynn was abusive towards a rally Official, Mr Graeme Lamb, who was Stage Commander at the Harewood Forest Stages 3 and 7. The Court was satisfied by virtue of admissions that Mr Flynn was indeed abusive to Mr Lamb, used foul and abusive language and compounded this behaviour with obscene gestures. This all took place within the hearing and or view of others, some minors and where the public had access.
2. The second incident followed between one and two hours after the first, but at the same location. The evidence, which was not disputed, made clear that Mr Flynn returned deliberately to confront Mr Lamb, continuing the prior conversation in an abusive and threatening way. He compounded this further breach by threatening physical violence.
3. The Court was satisfied that these two incidents, when taken together, represented a sustained course of conduct in clear breach of the Regulations as charged.
4. Furthermore, the Court heard (and Mr Flynn accepted) that he had then published his account of the events on a Forum on the World Wide Web, an account which was inaccurate, antagonistic and which was in itself likely to bring Motorsport into disrepute. The article was abusive and specifically demeaning of Mr Lamb. It remained live for several days before being voluntarily withdrawn by Mr Flynn. The Court considered that this published article was also a clear and flagrant breach of Regulation C(d)1(d).
5. The Court was satisfied that Mr Flynn's behaviour fell far below the standards acceptable of a competitor and Organiser of such standing, with a long involvement in Motorsport. However the Court noted his expressions of regret and remorse and took account of the contents of a number of character references.
The Court was also mindful of the delay which had occurred in bringing this matter before them and in all the circumstances imposed the following penalties:-
a) That Mr Flynn's licence be suspended for a period of 12 months forthwith (the suspension and its effects to terminate at midnight on 4th May 2010)
b) That suspension itself to be suspended for a period of 12 months dependant on no further adverse reports during that time
c) That Mr Flynn pays a fine of £750 and a contribution towards the costs of the hearing of £1250, to include the travelling expenses of the four witnesses.
