A Kent County (Del.) Family Court Commissioner has denied a motion by Kurt Busch’s attorneys to reopen a civil protection order hearing against the 2004 Sprint Cup champion.
The decision was made the by same commissioner who issued the order last month.
Rusty Hardin, Busch’s attorney, told NASCAR Talk: “We’re not surprised, but we felt it was only fair to give the commissioner an opportunity to consider the new evidence before we appealed on that basis to the family court judge above him.
“As Kurt’s lawyers, we’ll continue to pursue all available legal remedies while Kurt himself focuses solely on his driving and try to help his team.”
According to the Wilmington (Del.) News Journal/Delawareonline.com, Commissioner David Jones kept the protection order in place despite Busch’s attorneys stating they had additional evidence supporting the driver’s claims against his former girlfriend, Patricia Driscoll.
After the protection order was granted to Driscoll, Busch’s attorneys came forward with additional witnesses and testimony that they claimed could contradict Driscoll’s accounts of an alleged physical assault by Busch last September in Dover, Del.
According to the News Journal/DelawareOnline.com, Busch’s attorneys presented Jones with claims from three new witnesses, including the wife and son of late Florida Congressman Bill Young.
Those witnesses reportedly were prepared to testify against Driscoll, her motives and bolster Busch’s claims that Driscoll is a trained assassin.
But Jones refused to reopen the hearing. To see Jones’ full ruling, click here.
“The court finds that the witnesses’ statements add little, if any, evidentiary value regarding that issue to the respondent’s trial testimony,” Jones wrote in his ruling on Monday.
Driscoll testified that Busch had grabbed her throat and slammed her head against the bedroom wall of his motor coach at Dover International Speedway last September.
Citing Jones’ original ruling, Busch indefinitely was suspended by NASCAR. He was reinstated three weeks later after the Delaware Department of Justice decided not to seek criminal charges and Busch agreed to meet NASCAR’s terms for reinstatement.
Driscoll issued a statement Tuesday on her web site: “The protection from abuse order gave me a sense of safety, and I’m greatly relieved that the court reaffirmed my account and upheld it.”