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National Court Report
Case 1 – Mr I. White – upheld:
The Court considered the Appeal of Mr I. White against the exclusion of his Porsche from the results of the races at Donington Park on 24th March.

The Court considered the written submissions and data from various tests, including independent tests conducted by Mr Cox the Eligibility Scrutineer, together with submissions made on behalf of Mr White. Following those tests, the Eligibility Scrutineer was not confident about the validity of the results obtained at the original test and accordingly the benefit of doubt must be given to the competitor.

The Appeal was therefore upheld and the appeal fee refunded. Mr White was reinstated in both races and the results will be re-issued.

Case 2 – Mr D. Welch – rejected:
The Court considered the Appeal of Mr D. Welch against his exclusion from qualifying 2 at Donington on 3rd May.

The Court considered the written submissions of Mr Welch and the Series Eligibility Scrutineer.

Mr Welch`s car had been found to be underweight when weighed at post qualifying inspection. The pad scales used were the support race items supplied by TOCA. These scales had a current certificate, dated within the 12 months period as required by regulation A(a)34. Only the official scales are designated for recording weights throughout the meeting.

The Court noted that a number of other cars had been weighed on the day and previously without any discrepancy. The Appeal was rejected and the Appeal fee was forfeit. Mr Welch was ordered to make a contribution towards the Courts costs of £500.

Case 3 – Mr J. Thorne – rejected:
The Court considered the Appeal of Mr J. Thorne against his exclusion from points scoring at Snetterton on 26/27th April.

Having considered the written submissions of Mr Thorne and the Series Eligibility Scrutineer the Court noted that the recorded power output of Mr Thorne`s M3 BMW was 353.2bhp. The maximum permitted power/weight for Class A of the 2008 BARC/Dunlop Sport Maxx Cup is 210bhp/tonne. Mr Thorpe`s car weighed 1333kg giving a power weight figure of 264.96bhp/tonne which is in excess of the permitted figure.

Accordingly the Appeal must fail.

Mr Thorne quoted that a co-efficient of 1.7 for supercharged/turbocharged cars should apply. This is irrelevant as the Cup regulations are in respect of the recorded output and the co-efficient applies to engine capacity not power output. In any case the BMW M3 is a naturally aspirated car and not forced induction.

The Appeal was rejected and the Appeal fee was forfeit. Mr Thorne was ordered to pay a contribution towards the Courts costs of £250

Case 4 – Mr A. Rees Stevens – proven:
The Court heard charges against Mr A. Rees Stevens of contravening regulations C(d)1 (b) and (h) in that he applied for a competition licence at the Aberystwyth MC Night Owl Rally whilst under suspension for failing to honour cheques payable to the MSA in 2003 and 2004.

The Court expressed regret that Mr Stevens did not attend the hearing. The Court found the charges proven.

Mr A. Rees Stevens of Aberystwyth was banned from participating, competing or organising in any MSA motorsport event for 5 years and ordered to pay a fine of £500.

Case 5 – Mr S. O. Jones – proven:
The Court heard charges against Mr S. O. Jones of contravening regulations C(d)1 (b) and (h) in that he applied for a competition licence at the Aberystwyth MC Night Owl Rally whilst under suspension for failing to honour a cheque payable to the MSA in 2007.

The Court expressed regret that Mr Jones did not attend the hearing. The Court found the charges proven.

Mr S. O. Jones of Machynlleth was banned from participating, competing or organising in any MSA motorsport event for 5 years and ordered to pay a fine of £500.

Case 6 – Mr and Mrs Baker – upheld:
The Court considered the Appeals of Mr and Mrs Baker against the refusal of their entry into the Highland Speed Championship.

Regulation C(a)57(b) permits a club to refuse an entry on reasonable grounds, but having considered the written submissions of Mr and Mrs Baker, and heard submissions on behalf of the Championship Organisers, the Court was not satisfied that the grounds for refusal of entry were reasonable, and accordingly the Appeals of both Mr and Mrs Baker were upheld.

The Appeal fees will be refunded.

Ends


Release MSA08-024: 19 June 2008