His advocate made the comment as Deemster Alan Gough granted an application by the ACU to present further evidence in the form of photos and comments posted on Mr Mercer’s Facebook page.

The ACU contend that the posts suggest that Mr Mercer’s health isn’t as bad as had been made out.

It is seeking an interim ’declaration of jurisdiction’, a ruling on whether any future personal injuries compensation claim brought by Mr Mercer is heard here as the ACU wants or in England as Mr Mercer believes it should.

In a court hearing last month, the rider’s lawyer Damian Molyneux said his client would like to attend the proceedings but that ’unfortunately he can barely function on a daily basis, let alone travel’. Medical reports showed his client had 14 different serious injuries, including to his larynx, pelvis, spine, ribs and also a collapsed lung.

But Vicki Unsworth, representing the ACU, told a hearing this week that while it was not contested that Mr Mercer has serious injuries and has difficulty in travelling, this was very different from saying he could barely function on a day to day basis.

She sought for photos and comments from Mr Mercer’s Facebook page to be submitted as new evidence.

There was for example a post from March 4 noting he had just passed his driving test.

But Mr Molyneux said this was a dual control, specially adapted vehicle. ’It’s not like he’s driving up and down the motorway,’ he said. He said the ACU was ’seeking to paint Mr Mercer in a bad light’. He read an extract from a statement by the rider that he had always been optimistic but was frustrated he was not able to cycle, run and play with the kids like he once could. He dreamed that he was able to walk again.

Steve Mercer was critically injured during his 10th TT when he was among a group of red-flagged TT riders who were allowed to travel back to the Grandstand the ’wrong way’.

At Ballacrye his machine collided head-on with a course car travelling at high speed on its way to the accident which claimed the life of Manx TT star Dan Kneen.

Mrs Unsworth said it could be ’many months, if not years’ before the case could go to court.

Deemster Alan Gough accepted the Facebook evidence and also statements from Mr and Mrs Mercer that gave the background and context, suggesting these would give him a broader picture. He said he put on hold his written judgment when the skirmish came up.

by Adrian Darbyshire - Reporter

Gary Thompson Clerk of the TT Course

The Auto Cycle Union say it is disappointed with reports suggesting it is not supportive of Steve Mercer in his quest for compensation.

In a statement issued today, it said it was ’not prepared to allow false allegations to be made without reply’.

This statement followed our accurate reporting of a court case heard on Wednesday, when the ACU’s lawyer successfully applied for Mr Mercer’s Facebook posts and comments to be admitted as new evidence.

The ACU is seeking an interim ’declaration of jurisdiction’, a ruling on whether any future personal injuries compensation claim brought by Mr Mercer is heard here as the ACU wants or in England as Mr Mercer believes it should.

The ACU has admitted liability over the TT incident that left red-flagged racer Steve Mercer with life-changing injuries.

But the scale of his personal injury compensation has still to be agreed - and the case could yet go to court, although this could not be for many months if not years.

A statement issued by ACU general secretary Gary Thompson reads:

’It is with disappointment that the ACU has read in various reports and social media posts that we are not very supportive of Steve Mercer in his quest for rightful compensation for the injuries he sustained at the 2018 TT races.

’The application issued by the ACU seeking to ascertain whether Mr Mercer’s case should be dealt with in the Isle of Man and under Isle of Man law, in accordance with the terms of the contract between Mr Mercer and the ACU, remains with the Deemster, who has not yet reached his decision.

’Therefore, the ACU is limited in its ability to respond to the reports and make statements.

’However, the ACU is not prepared to allow false accusations to be made without reply.

’The ACU has a robust insurance package which provides the best possible support for riders as they recover from their injuries.

’In Mr Mercer’s case, respecting his wish to keep his personal matters confidential, we can only confirm that the ACU, via its insurance package, is providing all of the rehabilitation and support required and as medically advised, to assist Mr Mercer’s recovery.

’It should be noted that liability has been admitted and the ACU is eager to bring this matter to a conclusion, but compensation cannot be calculated until Mr Mercer’s final condition and future prognosis is known.

’Mr Mercer’s treatment is still ongoing but his doctors do not yet know when that will be complete.

’The ACU may make a further statement in due course, following the Deemster’s decision.’