National Court: 30 August 2006
Having listened to evidence at its hearing on Wednesday 30
August, the National Court has taken the following action
in these cases:
1. Dean Clements & Paul D. Wallace - Appeals
2. Jeremy Metcalfe - Appeal
3. Joao Vasconcelos - Assault
4. Martyn Gange - Assault
Dean Clements & Paul D. Wallace – Appeals
The Court excluded Barry Benham from the MG Trophy Championship
race meeting held at Brands Hatch on 16 July after finding
him guilty of two driving infringements. Benham, the championship
leader, was also fined £500 and had six penalty points
put on his competition licence.
On the opening lap of the first of two championship rounds
held that day, Benham’s car was in contact with that
of Dean Clements on the run to Druids Bend. As a result, Clements’
car spun into the barriers, leading to his retirement.
On lap six of the same race, Benham’s car was in contact
with that of his chief title rival Paul Wallace as they diced
for first position exiting Graham Hill Bend. As a result,
Benham’s car spun out of control and back across the
track into Wallace’s car leading to both drivers retiring.
Both Clements and Wallace had brought appeals against Benham’s
driving to the Court after the stewards of the meeting had
taken no action at Brands Hatch.
Having listened to evidence from all three drivers, plus
fellow competitor Malcolm Gammons, and viewed ‘in-car’
video evidence, the Court ruled that both incidents had been
avoidable.
In the incident with Clements, Benham was found guilty of
driving in a manner not compatible with general safety. Clements’
appeal fee was returned. The Court also accepted that the
stewards had erred in not allowing Clements the opportunity
to give evidence at their hearing into events.
In the incident with Wallace, Benham wad found guilty of
careless driving. Wallace’s appeal fee was returned.
Jeremy Metcalfe – Appeal
The Court overturned a decision by the clerk of the course
and subsequently the stewards of the meeting to exclude Jeremy
Metcalfe from a Formula Renault UK Championship round at Donington
Park on 30 July.
On the opening lap, Metcalfe’s car was in contact with
that of fellow competitor Sam Bird at high speed as they rounded
the Holywood section of the track. As a result, Bird’s
car left the track and crashed heavily into the barriers.
Bird suffered a knee injury and subsequent medical treatment
had kept him away from any judicial proceedings immediately
afterwards.
However, the Court accepted that Metcalfe had been dealt
with inappropriately by the clerk of the course who, after
talking with the championship manager, had asked Metcalfe
into his office, shown him a video replay of the incident
and told him he was to be excluded. This, said Metcalfe’s
defence, was without him ever being told of any alleged offence.
Therefore, the Court said, there was insufficient evidence
to conclude he had driven in a manner incompatible with general
safety.
Metcalfe’s defence also argued that the severity of
Bird’s accident may have influenced the thinking behind
the decision to exclude him.
The Court ruled the incident was a ‘racing accident’
and ordered all endorsements on Metcalfe’s competition
licence resulting from his initial exclusion to be expunged.
Metcalfe’s appeal fee was returned.
Joao Vasconcelos – Assault
On referral, the Court ordered Formula Renault UK Championship
driver Joao Vasconcelos to serve a suspension of 30 days –
suspended on condition of good behaviour during the next 12
months.
Vasconcelos had assaulted another driver, Stian Sorlie, at
the side of the track after their cars had retired following
a collision in a race at Croft on 16 July. As Sorlie extricated
himself from his car, Vasconcelos approached and pushed him
several times. This was not a ‘fight’, his defence
said. It also claimed that Vasconcelos was not reacting to
the collision, blame for which was later apportioned to Sorlie.
Instead, he was provoked by Sorlie who had made a middle finger
gesture.
Vasconcelos had already served a 30-day suspension from competition
as punishment for his actions. He was also ordered by the
Court to pay £750 in costs.
Martyn Gange – Assault
On referral, the Court ordered Rotax Max kart driver Martyn
Gange to serve a suspension of 30 days – suspended on
condition of his good behaviour during the next 12 months.
The Court heard that at the Forest Edge track in Hampshire
on 16 July, Gange had pushed away the clerk of the course
who was attempting to intervene in a post-race argument between
Gange and another driver, with whom he had collided at the
final bend.
Gange, still wearing his crash helmet, was unaware that it
was the clerk he had assaulted. The clerk had approached him
from behind, said Gange. When he realised his mistake, he
regretted his actions. He had already served a 30-day suspension
from competition.
The Court ruled that this assault was "especially serious"
as this was committed against an official of the meeting.
In addition to his suspended 30-day suspension, Gange was
ordered to pay £250 in costs.
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