Matter: Appeal against Stewards' finding of Driving Incompatible with Safety, contrary to Regulation C(D)1(e) and consequent exclusion from race.
The Motor Sports Council's National Court convened at Motor Sports House on 5th May to hear an Appeal by Mr Lee Bell, based on an admitted defect in procedure when he claimed that he was wrongly excluded from the race results of the final of Round One of the Super 1 Championship. The matter had first been considered by the race Stewards during the Trent Valley Kart Club of the MSA British Kart Championships held over the weekend of 21st and 22nd March 2009.
When the matter had been first considered by race Steward Nigel Drayton, not all relevant witnesses had been present, thus creating a potential outcome incompatible with natural justice.
By virtue of the power vested in the Court by an order granted to convene a Court of Inquiry, the National Court considered the limited evidence placed before it in documents submitted by both Mr Bell and the Race Stewards and concluded that it was appropriate for the case to be remitted to the Event Stewards to rehear the original complaint, ensuring that all relevant witnesses were this time present.
In these circumstances, the Appeal was deemed to be successful and the Appeal fee was ordered to be returned.