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BARRY RYAN RECEIVES OFFICIAL REPRIMAND OVER WINTERBOTTOM PUSH

Old School Racer

By Bruce Williams

Motorsport Australia has today announced the findings of a Stewards inquiry into the allegation that Erebus Motorsport CEO Barry Ryan made unnecessary physical contact with Team 18’s Mark Winterbottom following an on-track clash with Erebus Motorsport’s Will Brown at the Pukekohe Supercars round.

The Stewards found that Ryan breached B6.5.1 and have imposed a ‘Reprimand on the Authorised Representative of Erebus Motorsport Pty Ltd’ – see the complete Stewards Decision below in link.

Some of the Motorsport Australia statement included the following comments about the incident, with the full finding below. 

“The first contact was little more than a touch and was merely a non-aggressive means of conveying to the Driver of Car 18 that he was not wanted in the garage at that time.

“The second contact, however, involving more force, was unwarranted and went beyond the bounds of social norms even though it was not threatening and caused no harm to the Driver.

“The Stewards recognise that the altercation occurred in an emotionally charged context.

The Motorsport Australia rule B6.5.1 refers to: Offences – Actual Physical Contact

‘A person must not intentionally make physical contact, which includes any type of assault with another person, except in self-defence.’

The finding was after a Motorsport Australia investigation into an altercation between Mark Winterbottom and Erebus Motorsport’s following Will Browns massive race 28 crash on the first lap.

The result of the contact between Winterbottom and Brown caused Will Brown to lose control of the Boost Mobile Commodore and slide across the grass and make massive impact with the wall that protected the Pukekohe pit lane entry.

The impact caused major damage to the vehicle which had to be withdrawn from the rest of the event and at the time was considered a right off which caused the team major anguish in the short lead up to Bathurst.

Will Brown’s smashed up #9 Boost Mobile Erebus in the pit garage at Pukekohe. Photo: Edge Photography

Following the race, the Supercars broadcaster interviewed an obviously disappointed Winterbottom over the incident with Winterbottom indicating concern for Will Brown.

Winterbottom indicated during the interview that he was concerned and wanted to speak to Will Brown.

Understandably Brown, who was lucky to escape serious injury in the crash was also emotional about the incident which resulted in his race car receiving massive damage and as a result the team was facing the possibility that the team would not be able to field the Boost Mobile Wildcard entry for Bathurst, to be driven by Greg Murphy and Richie Stanaway. 

Erebus Boost Mobile Wildcard Test Day 2, Winton Raceway Credit: Lucas Wroe – Erebus Motorsport

Winterbottom visited the Erebus pit garage to speak to Brown. At the time the conversation was seen as confrontational by Erebus Team CEO Barry Ryan who indicated to Winterbottom that he was not wanted in the emotionally charged Erebus team garage.

A heated verbal confrontation led to Ryan shoving the #18 Irwin racer out of the garage, with the incident being shown live on television, raising further tension and public discussion into the confrontation.

Since arriving back in Australia, the ZB Supercar has been assessed as repairable and the team is working flat out to repair it for Bathurst and the Boost Mobile wildcard entry will be unaffected.

As a result of the incident the matter was referred to the stewards of the event for further investigation by Motorsport Australia.

Motorsport Australia today issued a statement on the incident, and stated the following:

2022 REPCO SUPERCARS CHAMPIONSHIP RACES 27, 28 & 29

“ITM AUCKLAND SUPERSPRINT”

Pukekohe Park Raceway, Pukekohe, New Zealand

08th to 11th September

STEWARDS SUMMARY OF JUDICIAL OUTCOMES, Update (Final REVISED): issued Tuesday 20th September at 1130hrs.

Further Matter arising following Event

Stewards’ Decision – Penalty imposed

Following the Event, the Stewards conducted an inquiry into an allegation that the Authorised Representative (Barry Ryan) of Erebus Motorsport Pty Ltd made physical contact with the Driver of Car 18, Mark Winterbottom, in the Erebus garage

Following Race 28. The Stewards have imposed a Reprimand on the Authorised Representative of Erebus Motorsport Pty Ltd – Stewards Decision attached.

The Stewards, having received a report from the Race Director and having determined to conduct an inquiry, summoned and heard from the Team Representatives of Erebus Motorsport and Team 18 and the Drivers of Car 9, Will Brown, and Car 18, Mark Winterbottom, have considered the matter and determine the following.

Competitor Car 9 Erebus Motorsport Pty Ltd (Erebus)

Participant Authorised Representative of Erebus – Barry Ryan

Date Sunday, 11 September 2022

Fact The Authorised Representative was seen on broadcast footage to make physical contact with the Driver of Car 18 in the Erebus garage following Race 28.

Rule B6.5.1 – (Rule refers to: Offences – Actual Physical Contact)

‘A person must not intentionally make physical contact, which includes any type of assault with another person, except in self-defence.’

Decision – Reprimand for the Authorised Representative of Erebus

Reason – On the first Lap of Race 28 an incident occurred between Cars 18 and 9 at Turn 9 as a result of which Car 9 was pushed off track and collided heavily with a tyre barrier on the exit of Turn 9 causing significant damage to Car 9.

The force of the impact of Car 9 with the tyre barrier was reported to have been 56G.

The Driver of Car 9 was uninjured. During the Race the Stewards imposed a PLP on the Driver of Car 18 for a reckless driving infringement in relation to that incident.

Media had interviewed the Driver of Car 9 who suggested that the Driver of Car 18 ought to visit him after the Race to discuss the incident.

The Driver of Car 18 attended the Erebus garage shortly after the Race to enquire of the Driver of Car 9 as to his welfare.

He was not intending to speak with the Authorised Representative of Erebus who was in discussions with the Driver of Car 9 when the Driver of Car 18 arrived.

The Driver of Car 18 was unaware that the Authorised Representative of Erebus had sent a message to his counterpart at Team 18 requesting that the Driver of Car 18 not attend the Erebus garage because emotions within the Erebus team were high, and the team needed time to focus on assessing whether the Car was repairable.

A verbal altercation occurred within the Erebus garage between the Drivers of Cars 18 and 9 and the Authorised Representative of Erebus regarding the first Lap incident and its consequences.

A media camera operator was in attendance in the garage at the time and filmed the altercation.

The footage depicts physical contact between the Authorised Representative of Erebus and the Driver of Car 18.

The first contact involved the Authorised Representative using the back of his hand to touch the Driver’s left arm to direct the Driver towards the door of the garage at the same time as asking the Driver to leave the garage.

There was no force behind the push.

The second contact occurred a short time later and involved the Authorised Representative pushing the Driver’s upper arm using the open face of his hand, again at the same time as asking the Driver to leave, the Driver having not left after the first contact.

The second contact was evidently more forceful that the first because it pushed the Driver of Car 18 off balance, albeit slightly.

Rule B6.5.1 provides that “a person must not intentionally make physical contact, which includes any type of assault with another person, except in self-defence.”

A literal construction of that Rule would deem any harmless and not unwanted physical contact a breach.

In our minds, a breach of the Rule cannot be established unless the contact was at the very least unwanted and beyond the bounds of social norms.

The first contact was little more than a touch and was merely a non-aggressive means of conveying to the Driver of Car 18 that he was not wanted in the garage at that time.

The second contact, however, involving more force, was unwarranted and went beyond the bounds of social norms even though it was not threatening and caused no harm to the Driver.

The Stewards recognise that the altercation occurred in an emotionally charged context.

The Authorised Representative of Erebus and the Driver of Car 9 were upset by what had occurred on track and for which the Stewards had imposed a Penalty on the Driver of Car 18. Car 9 was unable to compete in Race 29 and it was uncertain then if it could be repaired in time for the next round of the Championship, if at all.

The Driver of Car 18 acknowledged that had he known of the request that he not attend at the Erebus garage when he did, he would not have done so and would have chosen a later moment to discuss the incident with the Driver of Car 9.

The combination of circumstances where unfortunate and arose out of a misunderstanding by the Driver of Car 18 that an open invitation had been extended to him to attend at the Erebus garage to discuss the Race 28 incident.

The Driver of Car 18 acknowledged that he did not feel threatened or intimidated during the incident.

Notwithstanding, the Stewards are satisfied that a breach of Rule B6.5.1 was occasioned by the second push and the Authorised Representative acknowledged that he made an error of judgment and that physical contact with the Driver was unnecessary.

The Stewards find the breach established and impose a Reprimand on the Authorised Representative of Erebus.

The Competitor is reminded that Decisions and Penalties that may be subject to appeal are set out in B7.7.2 and the Rights to and process for an Appeal are set out in B5.

Issued by the Stewards of the Event:

Matt Selley (Chair), Steve Lisk, Wayne Scott

Motorsport Australia Stewards

DATE: 20 September 2022 TIME: 1045hrs (AEST)