In my early days of sailing I was taught the adage, that ‘If you cannot win on the water then win in the protest room.’ New Zealand certainly woke up to this back in 1987 and our first foray into the America’s Cup with the plastic-fantastic KZ7. While we were obviously fastest on the water, it was a protest about the integrity of our boat and its compliance with the 12 Metre formula that ultimately gave Dennis Conner the upper hand. Now known as Glassgate, Connor’s Stars and Stripes ultimately went on to win the America’s Cup back from the Australians.
It was a harsh lesson for our inexperienced nation having its hopes dashed. We leant that much of sailing was about what happened off the water.
And so, it has been a harsh lesson for Robbie Stokes and Shane Reynolds (Car 3) having won the Battery Town Bay of Plenty, to now being excluded from the results for breaching Schedule R Art 19 of Motorsport New Zealand’s Schedule R, the article to which rallying is governed. This will no doubt affect their NZ Rally Championship title hopes and gives rival Ben Hunt and Tony Rawstorn a 41-point margin (previously just nine-points)
“Exclusion: Crews are bound, under the pain of exclusion, to check in at all control points in the correct sequence and in the direction of the rally route. It is also prohibited to re-enter the control area.”
Stokes ‘wrongly’ entered the service park under instruction from a Marshall, before realising it was a mistake and then ‘re-entered’ the check point a second time which is in breach of the above rule.
Several teams put in an inquiry form (not a protest) which seeks clarification from the Clerk of the Course.
Having initially being fined $250 for the infringement by the Clerk of the Course, rival Ben Hunt and Tony Rawstorn applied to Motorsport New Zealand for a Judicial Hearing which was held last week, which found that the only appropriate penalty as per the Motorsport Manual was exclusion.
Did Stokes and Reynolds cheat or gain an advantage? Were they dishonest in their actions?
‘The law is an ass,’ wrote Charles Dickens in his novel Oliver Twist as the character Mr Bumble criticized the law for being rigid, inflexible and out of touch with common sense and reality!
Technically the outcome may be correct, arguably it is wrong and there are mitigating circumstances.
In fact, it is all wrong.
If you wish to be a national champion, you cannot make any mistakes or cause your opposition to gain an advantage. Stokes was technically wrong to leave the control point and ‘enter’ the service park. However, it has been reported that there was no End of Control Zone sign, so technically, had Stokes left the Control Zone?
Hunt and Rawstorn are right to protest as the penalty, as defined in Art 19, is exclusion. With a title fight at stake, this gives them an advantage. Yet maybe they were wrong to do this. Is it better to win on the road or in the court room?
Wise heads have often said always avoid the judiciary, even if you are right. Experience has taught me, and others will concur, stay away from the courts as it may not turn out in your favour.
And to the Judicial Panel. Are their hands actually so tied that they cannot consider the consequences of their decision and not take into account other alternatives?
Compare this with the Police now deciding not to prosecute Stuff over its publication of police radio communications from the night of Tom Phillips’ death; despite saying they received a legal opinion which said there had been a clear breach of the law. Police Commissioner Richard Chambers has said that there is little benefit in dragging this into the courts. In other words, not in the public’s best interest.
Yes, the law is an ass. Maybe it’s time to take up sailing.
See also: Stokes excluded from Rally Bay of Plenty
Click Here for MotorSport NZ Notice of Judicial Committee Hearing Decision
Click here for Exclusion of Car 3 Clarification as to Penalty
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