Rally - Wheels of Justice

The previous post highlighted a number of issues and rather than reply to them all individually, perhaps a concise summary of the processes involved might be enlightening. Before I start, here is the disclaimer - in trying to be brief, the process below has been much simplified and the legal profession may question the accuracy! Also, different circumstances may affect the legal process. I might also point out that a wee bit of personal opinion may creep in here and there, but this will be made clear.

Generally, following a fatal accident in Scotland, the investigating police officers may call in the Procurator Fiscal who will then decide whether or not to initiate a more detailed police investigation. As a result of that investigation the Procurator Fiscal may prepare evidence for submission to a Fatal Accident Inquiry. If an FAI is considered to be of public interest, this will be conducted before a Sheriff in the Sheriff court.

As the most senior Law Officer in Scotland it is the Lord Advocate who will determine if such an FAI is to take place. Although independent of the Scottish Government, the Lord Advocate is not actually a member of the Cabinet, but receives all Cabinet papers and may be required to attend Cabinet meetings.

After the accident in May 2014 the Procurator Fiscal submitted the police report to the Lord Advocate for consideration early in 2015. You may recall however, that the Glasgow Bin Lorry crash occurred in December 2014. It has been suggested that Government may have requested the Lord Advocate to treat this with priority. You may also recall that there was a second bin lorry crash in Glasgow in September of 2015. There were no fatalities on this occasion, but one can imagine that the legal authorities were concerned.

All of this caused further delays in other ongoing investigations. Then in March 2016 the then Lord Advocate decided to step down before concluding his report into the rally accident which meant that a new Lord Advocate had to be appointed. He took office in May and had to catch up with 'unfinished business' causing more delays. He has now ruled that an FAI should take place and the process will commence next month. It has been intimated that the actual FAI hearing will take place before a Sheriff in July and should last six weeks.

So at least we have some idea of the timetable now, although that could change due to unforeseen circumstances.

As for the MSA, they are not accountable to us. It is not a democratic body, but that could be said of most national sporting authorities. These national sporting authorities are independent of the national government too, so neither the Secretary of State for Culture, Media and Sport or the Minister of Department for Culture, Media & Sport have any jurisdiction. In fact rarely does the DCMS interfere in 'sporting matters'.

As has been mentioned in this page before there was an attempt to try and introduce an alternative motor sporting authority in the mid 1980s when the Royal Automobile Club actually controlled motor sport through a separate division. The rival Automobile Association was approached and although the idea was seriously considered, getting it past the FIA was going to be a tough call. They have the final approval of national motor sporting authorities.

However, before it got that far, the RAC promised change and now we have the  truly independent MSA. In other words we lost our chance then to introduce radical change. Both the RAC and AA are completely different organisations these days anyway.

As for their decision not to issue a Permit for the 2017 Jim Clark Rally, we have to accept their reasons based on advice given by their insurers. Whether you agree with that is another matter, but at the end of the day it is their call.

However, we must bear in mind the unique circumstances surrounding the fatal accident on the 2014 event. It is now a matter of public record that two of the victims were 'media professionals' and duly accredited as such, but they had two 'friends' travelling with them on that fateful day. This may have contributed to the complications surrounding this whole investigation. It could therefore be argued that this was not entirely a 'sporting matter' but also a 'workplace issue', but it's not for the likes of me to offer an explanation or opinion.

Rally - Another cancellation

It wasn't entirely unexpected, but it still came as a wee bit of a shock to the system. The organisers of the 2017 Jim Clark Rally were looking forward to hosting a one day event this year as a way of re-establishing the 3 day festival of rallying in years to come when a missive arrived yesterday from the sport's Lords & Masters.

For a few brief moments it actually looked as though the show was about to get back on the road, until the MSA declined to issue a Permit. Apparently their discussions with the sport's insurer's came to nought with the insurance company citing the impending Fatal Accident Inquiry as their reason for declining to support the event.

We will now have to wait till the FAI panel sits, questions and mediates before issuing its pronouncement. At least there is now something of timetable in prospect with preliminaries due to commence next month and the FAI itself is expected to take place in July.

Until then, all mouths are sealed and private thoughts expunged, hence the rather brief and to the point statement issued by the organising team today. Full copy here:

http://www.jaggybunnet.co.uk/2017/01/10-jan-closed-roads-setback/

Rally - Seasonal shock

Six days into the New Year and the first shock of the rallying season comes from Wales. With the ongoing uncertainty over route availability and higher forestry charges, Newtown & District Automobile Club Ltd have taken the reluctant decision to cancel their Grooms Garage Mid-Wales Stages Rally scheduled to take place on 4/5 March.

As the opening round of the new-look British Rally Championship, and with great roads in the area, this will be a great loss to the series. However, rallyists are a resilient bunch and instead of heading into Wales, competitors in the BRC will head to Kielder for the opening round of the 2017 Championship. 

Taking premier position for the season kick-off will be the Jedburgh based Brick & Steel Borders Counties Rally which has agreed with the British Rally Championship to be the first round of their 2017 series on the 17/18 March.

As the second round of the ARR Craib Scottish Championship, this will give our lot a chance to run against the best of British before they meet up again in Dumfries in May.

The organising team from Hawick & Border Car Club and Whickham & District Motor Club have approached this in a positive fashion and are looking forward to the challenge. Route planning is already well advanced and work is underway with the BRC to see how best to bring their competitors into that plan. Further details will be announced next week at the Autosport International Show in Birmingham.

Rally - Motors TV

This coming Saturday 7th January. Motors TV will show a couple of programmes which might just be of interest to Scottish motor sporting fans.
14:45 – Scottish Hill Rally
15:45 – Bo’ness Hillclimb Revival

Sair heid

Seeing in the New Year always requires a helping hand, especially in Scotland. One of the best ways is with fire. A good blaze will help to burn off the last remnants of the old year and provide a warm and welcoming beacon to attract all the hopes and aspirations of a New Year.

And having seen  the New Year honours list there is one serious omission. The guy or guyess who invented the hip flask. Now there is someone who had a vision and an idea which should be celebrated and rewarded way above all the handbag designers, tax dodgers and civil service paper shufflers.

When local pubs are chock a block with hooching and wheeching revellers inside passing drinks through the windows to friends outside, others can be left in the dry. Literally. In such crowded conditions the prospects of relief can be quite bleak. And as the damp cold from the stone cobbles seeps inexorably up through the human parched and sober frame, those who come prepared can feel quite smug. With no chance of getting anywhere near the bar to purchase one's internal embrocation of choice, there is yet one last resort in times of dire desperation, the hip flask.

The choice of contents is always personal, but at this time of year a sipping whisky is infinitely preferable to a drinking whisky. In this case 18 year old Lagavulin. And you know, sometimes one flask just isn't enough. Besides a hip flask in each back pocket provides more balance and ballast than one. One other point to note, big pockets require big flasks. Hence the sair heid.

So here's to 2017 - to fast hands, fast feet and fast cars, may the pace be with you.