AUS: Kelly wins appeal post-Maralla

Mick Kelly's appeal over sanctions levied at round five of 2004 Following an independent judicial committee hearing on August 24, Mildura rider Mick Kelly's appeal over sanctions levied at round five of the 2004 Australian 125 GP Championship at...

Mick Kelly's appeal over sanctions levied at round five of 2004

Following an independent judicial committee hearing on August 24, Mildura rider Mick Kelly's appeal over sanctions levied at round five of the 2004 Australian 125 GP Championship at Mallala (SA) on July 4 has been upheld in part -- he will receive back his championship points from the race in question, but his $500 fine will stand.

After race three at Mallala, Kelly, who had finished second, was declared by the Clerk of Course to be in breach of General Competition Rule 27.2.2 (d), which states: "Verbal and/or physical abuse of officials or other competitors and deliberately distracting or provoking others, whether on or off the track, is not acceptable or permissible behaviour."

27.2.2 (d) was brought into play after Kelly returned to pit lane, after which he was confronted by fellow competitor Matthew Kuhne and his father John Kuhne, who claimed that Kelly intentionally cannoned into Matthew's bike at the start of the race, thus curtailing his chances of a good result. Matthew subsequently finished out of the points -- by way of retirement.

The post-race episode ultimately led to Kelly and John Kuhne wrestling on the ground before being separated.

After the sanctions were levied by the Clerk of Course, Kelly appealed the decision, which was dismissed. He then appealed again to a judicial committee.

The committee, chaired by Richard Lawson, did not set out the full reconstruction of events at Mallala, but it did make some observations. One, "if the Kuhnes believed that there were unfair tactics or rule breaches by Kelly at the race start, then the GCRs provide an avenue for redress. But the adoption of self-help -- by confronting Mr Kelly in pit lane -- is something that cannot be condoned".

Further, the committee noted that "... it has to be regretted that Mr Kelly did not show more restraint when confronted -- however that might be in the adrenalin-charged mood that frequently accompanies the immediate aftermath of a race".

After consideration, the committee's decision was to give back Kelly his 20pts, with the $500 fine to stand.

The revised pointscore in the 125GP title now has Western Australia Bryan Staring leading on 310pts, from Kelly (287), Kuhne (213), Peter Galvin (164) and Paul Campbell (160).

-Motorcycling Australia

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