Emery’s Porsche Pro-Am title appeal rejected again
Tuesday 1st February, 2022 - 2:25pm
The 2021 Porsche Paynter Dixon Carrera Cup Australia Pro-Am title appears to be Sam Shahin’s, following the latest court ruling on the matter.
The title battle came down to the last corner of the season at Mount Panorama in December, with Geoff Emery making a pass on Shahin at Murray’s Corner and the latter spinning.
A five-second post-race penalty was applied to Emery, putting Shahin back ahead in both the race result and thus the final standings.
Emery immediately signalled his intent to appeal, claiming the “decision was against the weight of evidence”.
A Motorsport Australia Appeal Tribunal subsequently convened on December 16, where the appeal was dismissed on the grounds it was inadmissible.
Emery then moved ahead with the process, seeking leave to appeal on December 23 which would be considered by the Australian Motorsport Appeal Court (AMSAC).
Per Article 6.2 of the Judicial Appendix to the 2021 Motorsport Australia Manual, “AMSAC will be the final court of appeal subject to leave to appeal being granted by the Chair”.
Usually, a decision would be reached within 21 days as to whether the case would be heard, but given the timing with relation to the Christmas holiday period, an extension was granted to January 31.
Ultimately, the penalty has been upheld, given it remains unappealable.
Rule 9.1(a) of the Circuit Race Standing Regulation states that if a number of types of penalties, including a time penalty, “are imposed by the Stewards for a breach of the Rules that occurred during any practice, qualifying or race they will not be subject to Appeal”.
Rule 10.3(d) further reiterates that an appeal against such a penalty will not be possible.
It was on those bases that leave to appeal was denied, with AMSAC chair David Miles directing that 50 percent of the appeal fee be refunded.
Suggestions by Emery regarding the “fair and equitable manner” of applying rules were hosed down by AMSAC, with the Tribunal deemed to have “simply applied the Rule”.
It is not yet clear whether Emery will seek to advance the matter any further via other avenues, namely the civil legal system.