THE winner of Supercars’ first ever Gen3 race remains up for debate as Triple Eight Race Engineering appeals its double disqualification from Newcastle.
Shane van Gisbergen led home Broc Feeney in the opening race of the season, only for drama to break loose as Tickford Racing and Walkinshaw Andretti United protested Triple Eight’s driver cooling system, with the Deputy Race Directors also alleging a breach of rules.
The stewards determined by Sunday morning that a breach had indeed occurred and subsequently disqualified both Red Bull Ampol Camaros, promoting Tickford star Cam Waters to the provisional victory – and forcing Triple Eight to frantically adjust its system to be compliant in time for Race 2 of the weekend.
Triple Eight wasted no time in confirming its intention to appeal the decision… so what now as a trip to the Supercars National Court of Appeal looms?
Eligibility
Certain appeals in recent years have been brought unstuck on technicality, such as that from Erebus Motorsport at last year’s Gold Coast 500, and more famously, Triple Eight at the 2016 Bathurst 1000.
In both of those instances, it was a time penalty being appealed, which is not possible per Rule B7.7.1 outlined in the category’s operations manual.
Disqualification from a race is appealable, however, so that is the first tick.
Second, Triple Eight was required to submit a Notice of Intention to Appeal, complete with the fee of $10,000 plus GST, within an hour of being made aware of the stewards’ decision (9:17am AEDT on March 12).
That fee is forfeited if the appeal is not continued.
Third, it must lodge its Notice of Appeal in full within 92 hours of that time (making the deadline 5:17am AEDT on March 16), containing “all matters which the Appellant intends to raise before the Court.”
Time/location of appeal hearing
A date has not yet been conveyed for the appeal, but it will take place in Melbourne.
Per Rule B5.5, that should unfold within nine days “after the conclusion of the Event, or the publication of the findings of the Stewards, whichever is the latter from which the Appeal.”
There is provision however for the court and appellant to agree to a place and date outside of that window.
It has been suggested the appeal may be held in the lead-up to the Formula 1 Australian Grand Prix (March 30 to April 2), for which Triple Eight will be headed to the Victorian capital in any case.
Evidence
Key to the whole process is what evidence can and cannot be presented at the appeal.
Either party must receive written permission to produce any new evidence, which is only allowed under the following conditions:
- The evidence could not, by reasonable diligence, have been obtained by the Appellant prior to the conclusion of the Hearing before the Stewards; and
- Which is of sufficient value that, considered with other evidence which was before the Stewards, the Stewards may have reached a different decision.
Who decides?
At least three members of the court are required to sit for the entire appeal, including a chairman, deputy chairman and other panel members “drawn from a Judicial Panel of independent persons appointed by Motorsport Australia.”
Those individuals must not have competed in or officiated at the event in question, or have taken any part in the earlier stages of the case.
They must be considered knowledgeable in motorsport and Supercars, have not competed in the past two years, and be impartial (and disclose any potential conflicts).
The decision
A decision on the appeal is to be determined at the conclusion of the hearing and confirmed in writing within 14 days.
If the court affirms the stewards’ findings, they can either confirm the penalty imposed or inflict any other applicable penalty at their disposal.
If the court upholds the appeal, part or all of the notice fee may be refunded.
The court’s decision is final, bar taking the matter to the FIA International Court of Appeal.
One last thing
Rule B5.3.2 reads in part: “Delivery of the Notice to the Stewards will only have the effect of suspending the operation of the following types of Penalties: a reprimand, a fine, a deduction of Championship or Series’ points, disqualification from a race, exclusion or suspension.”
Therefore, until a decision is reached by the court of appeal, Triple Eight technically retains its one-two result from the Saturday race in Newcastle.
