That's a different topic entirely. However in your example the charges would be laid first by the Code and RIB and heard in the equivalent of a Racing Tribunal. A defendant could have the option of going to a higher court if they felt the outcome was unjust.
The example I referred to was where a defendant was first charged and sentenced in a higher court and then the Code/RIB tries them again and gives a far harsher penalty on top. That in my opinion is manifestly unjust.
In the INCA case there was insufficient quality evidence to secure a conviction for the majority of charges laid in a higher court. What you are arguing is they should have been laid in the Racing jurisdiction which has a lower evidence threshold. The defendants may have been found guilty and then likely lost their livelihood.
INCA was driven by ego, a predetermined outcome of guilty and a double down attitude when it started to unravel for the prosecutors. Aided of course in the first instance by information from some dubious embittered types.
I saw a picture of RIU office staff taken before the police raids commenced. Individuals smiling and proud as they wore Police provided flak jackets, hi-viz and walkie talkies. That picture confirmed all my assumptions.