A KartSport New Zealand Appeal was received from Richard Moore, kart # 10, against Form of Complaint 408728, the judicial process and penalties imposed under rule 4.1 by the stewards panel following a hearing at the Auckland Schools Championship at Kartsport Auckland, Rosebank Domain on the 6th April 2008.
A duly convened Appeal Board was established under clause D6.2 of KartSport New Zealand Judicial Code to hear the above Appeal.
The appeal was heard at the Grand Chancellor Hotel, Auckland on Saturday 7th June 2008.
The appeal board was : John Lennox (Auckland and Chair), Allan Wilson (Auckland), Peter Cartwright (Wellington), Brent Murgatroyd (Mt Wellington) and Steve Brown (Formula S).
The appeal was considered in two parts :-
| 1. | That the correct procedure was not followed in raising the Form of Complaint, that the person bringing the Form of Complaint did not witness the incident and that the procedural paperwork formalities were not accurate. | |
| 2. | That the decision of the Stewards Panel was against the weight of evidence and that the only witness called was a crewmember of a third party who stood to gain from a favourable outcome to the complaint. The decision ultra vires. |
Richard Moore (the Appellant) as a minor was represented by Graeme Moore (Parent/Guardian).
KartSport New Zealand (the Respondent) was represented by Dave Young (Chief Steward of the Meeting and Grade One Race Official).
The Appellant presented 4 witnesses.
The Respondent presented 5 written statements and 2 witnesses, one witness to support the first part of the appeal and one a witness to the incident in the second part of the appeal.
The Appeal Board heard part one of the appeal first and then deliberated to come to a decision as to whether part two of the appeal would proceed. The Appeal Board decided after deliberation that the second part of the appeal would proceed by way of a complete rehearing of the Form of Complaint.
The first part of the hearing commenced at 9.35am and concluded at 10.45am.
The Appeal Board deliberated for 15 minutes before coming to their decision on part one of the appeal.
The second part of the hearing commenced at 11.10am and concluded at 2.20pm.
The Appeal Board deliberated for 1 hour and 50 minutes before coming to their decision.
The Appeal Board dismissed the Form of Complaint and upheld this part of the appeal.
The Appeal Boards decision was unanimous.
Both the Appellant and Respondent acknowledged and confirmed that they were satisfied that they had received a fair hearing.
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