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CDI REACHES UNAUTHORISED DECISION IN MATTER OF HAGA
Despite an official, and still pending, appeal to delay yesterday’s FIM International Disciplinary Court (CDI) hearing in the case of Noriyuki Haga’s Kyalami testing issue, the CDI announced that a decision has now been reached.
Consequently, an unauthorised penalty was handed down in the absence of Noriyuki Haga, his representative, or his (expert) witnesses
.The representative for Haga had lodged a legitimate and timely request to the CDI to postpone the hearing of June 2, 2000, as the session had been planned to coincide with an official practice session; thus making it impossible for Haga to attend. Furthermore, a period of only 5 days between receipt of all relevant documentation and the planned hearing was insufficient to allow experts on behalf of Haga to be consulted and testify at Hockenheim. Under these circumstances, Haga’s representative was of the clear opinion that his defense could not be fairly presented and that an impartial hearing could not take place in accordance with the FIM disciplinary rules and regulations.
The FIM disciplinary rules and regulations clearly stipulate that a rider has the right to attend his own hearing. After the CDI made a decision to hold the hearing at Hockenheim, Haga’s representative filed a legitimate appeal with the FIM International Tribunal of Appeal (TIA), the highest disciplinary body within the FIM. Given the suspensive effect of such an appeal, the CDI was not authorised to organize a hearing in this matter, let alone reach a decision. In doing so the CDI has not only violated Haga’s right to a fair trial, by making it impossible for Noriyuki to attend the hearing in person, but also violated their own FIM Disciplinary and Arbitration Code. It is likely that the representative of Haga will appeal to the TIA on Monday June 5, 2000 regarding this violation by the CDI.
Noriyuki is looking forward to resolving the matter as soon as possible and has informed the TIA of his willingness to fully co-operate in this regard. He is confident that the decision of the CDI will be set aside and he will be found innocent after a fair hearing, allowing, finally, all arguments in his favour to be presented. Furthermore test results after the WSB Championship round in Monza, Italy, of May 21, 2000 showed him to be negative in all respects.
Yamaha\'s statement issued through Global Superbike Info HQ.
This whole saga looks like it is going to desend into a legal battle and could drag on for some time. Stand by for appeal results, and remember current points standing already reflect the striping of Haga\'s points from the South African round. The standings will revert if the appeal is successful.
You have to wonder why these things take so long to resolve, the longer there are unresolved the more harm is done to both the sport and the rider in question.
LR
