|The court noted that George Byrne (age 11) was the driver of Kart 31 in the Mini Max Final on the 6th July 2008 and his father Sean Byrne was his entrant and mechanic. By virtue of General Regulation K112, George Byrne was responsible for the conduct of team personnel.
Kart 31 was the subject of a black and orange flag procedure during the Mini Max final and was returned to parc ferme. There then followed an incident in parc ferme during which obscene language was used both by Sean Byrne and his Son, and this was properly reported to the Deputy Clerk of the Course, Andrew Brant. Mr Brant then interviewed both Sean Byrne and his Son at Race Control and issued a penalty of exclusion from the meeting together with the endorsement of George Byrne`s licence with 6 penalty points.
Sean Byrne reacted to this with a direct challenge to Mr Brant`s authority and threatened him with violence. My Byrne accepted to the Court that the phrase “What if I come round this desk and sort this out with you man to man” was a clear indication that he could, in fact, resort to violence.
The National Court considered that this was a gross breach of General Regulation C(d)1g which prohibits abusive language or behaviour. It was deemed particularly serious as it was directed towards the Deputy Clerk of the Course who was exercising a judicial function at the meeting. Accordingly the National Court concluded that further penalties should be applied.
The Competition licence of George Byrne was to be suspended forthwith until 5th August 2008. Following this immediate suspension, the licence would be further suspended for a period of 12 months, but this suspension would itself be suspended for a period of 12 months from 5th August 2008, pursuant to General regulation C(d)8. George Byrne was also ordered to pay a fine of £250 and to pay £250 as a contribution towards costs.
Release MSA08-031: 6 August 2008