F1: FIA re-opens spy case.

[Rory Phoulorie]

Wednesday, 1st August 2007

FIA president sends spy case to the Court of Appeal.

The Formula 1 'spy-row' has taken another twist after FIA president Max Mosley decided to send the case to the FIA Court of Appeal.

McLaren was found guilty of being in possession of confidential Ferrari documents, in breach of article 151c of the International Sporting Code, at a hearing of the FIA World Motor Sport Council last week � but the Woking-based outfit escaped any penalty as there was 'insufficient evidence that it had been used in such a way as to interfere improperly with the FIA Formula 1 World Championship'.

That decision led to an angry response from Ferrari who said that the ruling legitimised 'dishonest behaviour in F1 and sets a dangerous precedent' with the WMSC having found McLaren guilty but then failed to impose any sanctions.

Following the ruling, Luigi Macaluso � the president of the Italian automobile federation � sent a letter to Mosley in which he admitted that he found it difficult to see how McLaren had escaped punishment and said he felt the decision should go to the Court of Appeal, where Ferrari would be able to enjoy due rights of process.

"We must confess that we find it quite difficult to justify how a team has not been penalised while it has been found in breach of clause 151c of the International Sporting Code," he wrote. "The very fact that the breach of clause 151c has been assessed by the World Motor Sport Council means that all conditions of such breach were fulfilled. We cannot see why additional conditions would have to be demonstrated in order for a penalty to be inflicted.

"We fear that the decision of the World Motor Sport Council could create a precedent which, at this level of the sport and stage of the competition, would be highly inappropriate and detrimental for the sport. In any event, in view of the aforesaid, we respectfully suggest that you, in your capacity as President of the FIA, submit the matter to the International Court of Appeal of the FIA.

"This would also enable out license holder, Ferrari, on behalf of which we would take part to the proceedings, and perhaps other teams as well, to fully submit their position and protect their rights. In effect, Ferrari - as at least two other teams - attended the World Motor Sport Council in Paris as observers and not as a party. Accordingly, they did not have a full right of audience. As, however, Ferrari in any event had been seriously and directly affected by McLaren's behaviour, we deem it appropriate that Ferrari (directly or through ourselves) enjoys full rights of due process which would be the case in accordance with the rules applicable in front of the International Court of Appeal."

In a direct response to Macaluso, Mosley confirmed that the case will now go to the Court of Appeal where Ferrari will be able to give their version of the story.

"If, as you suggest, it were clear that several of McLaren's top team representatives were aware of the Ferrari information over a period of several months, the situation would indeed be very serious," the FIA president wrote. "Apart from using Ferrari's technical knowledge to give the McLaren cars an illegitimate advantage over the entire field, detailed knowledge of Ferrari's technical strategies would give McLaren significant and unfair advantages over Ferrari at every race.

"However McLaren's case was that, except for a tip-off in March and a drawing shown briefly to a colleague as a historical curiosity, no one at McLaren knew of or had access to any of that information. There are a number of suspicious elements, all of which the World Motor Sport Council took into account when reaching its decision. However, these suspicions did not amount to proof to the standard the Council felt was necessary in order to reject the evidence of McLaren's team principal and managing director and convict the team of an offence so grave as in all probability to warrant the exclusion from the Championship.

"Your letter suggests that the outcome may have been different if the Council had given Ferrari further opportunities to be heard beyond those that were in fact offered.

"Because of this and the importance of public confidence in the outcome, I will send this matter to the FIA Court of Appeal under article 23.1 of the FIA Statues with a request that the Court hear both Ferrari and McLaren and any other Championship competitor who so requests and determine whether the decision of the WMSC was appropriate and, if not, substitute such other decision as may be just."

An FIA spokesman has since told BBC Sport Online that the court will probably hear the case at the end of August.


crash.net

[Rory Phoulorie]

McLaren confident Stepneygate verdict won`t change

Wednesday 1st August 2007

McLaren are confident they will again avoid punishment following FIA president Max Mosley's decision to revert the spying case involving Ferrari to the Court of Appeal.

At a meeting of the World Motor Sport Council in Paris last week, McLaren were found guilty of fraudulent conduct.

But due to what the WMSC described as 'insufficient evidence', it was decided no sanction would be imposed against the Woking-based team.

That sparked fury and protestations from Ferrari who claimed the decision "legitimises dishonest behaviour."

Mike Coughlan, McLaren's suspended chief designer, was found to be in possession of 780 pages of Ferrari technical data.

McLaren argued at the WMSC hearing that Coughlan worked alone and that the team had not benefited from the information.

Mosley has now agreed to a request in a strongly-worded letter from Luigi Macaluso, the president of the Italian Automobile Federation, that the matter be referred to the Court of Appeal.

Unsurprisingly, McLaren are far from happy the affair will rumble on, but are certain the Court of Appeal will uphold the initial FIA decision.

A statement read: "Following a thoroughly misleading press campaign by Ferrari and pressure from the Automobile Club D' Italia, the FIA has asked the FIA International Court of Appeal to consider the unanimous decision made by the World Motor Sport Council on July 26, 2007.

"Having considered in great detail the full submissions of both Ferrari and McLaren, the World Motorsport Council determined that there was no evidence that any information, passed by a Ferrari team member to a McLaren employee, had been brought into the organisation or provided any benefit whatsoever to the McLaren programme.

"McLaren is not aware of any new information or arguments that have arisen since the meeting of the World Motor Sport Council and therefore assumes that these same materials will now be considered by the FIA International Court of Appeal.

"Whilst this is both disappointing and time-consuming, McLaren is confident that the FIA International Court of Appeal will also exonerate McLaren and we will in the meanwhile continue to focus on our current World Championship programme."

Ferrari president Luca di Montezemolo and team boss Jean Todt have led the chorus of disapproval emanating from Italy with regard to the WMSC decision.

That led to Macaluso expressing his organisation's disbelief McLaren had not been penalised despite being in breach of one of the rules of the International Sporting Code, the FIA's bible.

In his letter, Macaluso stated: "We fear that the decision of the World Motor Sport Council could create a precedent which, at this level of the sport and stage of the competition, would be highly inappropriate and detrimental to the sport."

The Court of Appeal hearing, likely to take place at the end of August in Paris, will allow Ferrari to put forward their own submissions as they were merely observers last Thursday.

Noting Macaluso's complaint, Mosley replied: "Your letter suggests that the outcome may have been different if the council had given Ferrari further opportunities to be heard beyond those that were in fact offered.

"Because of this, and the importance of public confidence in the outcome, I will send this matter to the FIA Court of Appeal...with a request that the court hear both Ferrari and McLaren, and any other championship competitor who so requests.

"This will determine whether the decision of the WMSC was appropriate and, if not, substitute such other decisions as may be just."

Mosley's intervention has been applauded as "a sensible one" by Ferrari.

A spokesman added: "The FIA has correctly noted that Ferrari, as the injured party, should be able to enjoy all the rights of a party in a trial and that was not the case in the audience of the world council."

It means McLaren are still open to the same penalties as before, ranging from a reprimand through to a points deduction, race bans or even expulsion from the championship.

The world title dreams of Lewis Hamilton, who leads team-mate Fernando Alonso by two points ahead of this weekend's Hungarian Grand Prix, remain on the line.


Planet-F1.com