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McLaren: No New Evidence in Espionage Case
Topic Started: Aug 1 2007, 08:46 AM (154 Views)
Red Andy
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Quote:
 
"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 26th July 2007," the McLaren team said in the statement.

"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."

(emphasis added) from http://www.autosport.com/news/report.php/id/61247

Is there any point in having a second hearing if the WMSC are just going over the same evidence? What is there to stop Ferrari from appealing again and again on exactly the same evidence until the FIA finally relent and penalise McLaren?

It does not make sense that Ferrari can appeal a verdict that didn't go their way, yet not present any new evidence in the case and expect that the verdict will favour them this time. Should the appeal be thrown out?
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safc_fan89
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I think so, because if the WMSC can't get it right, who can?
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Paul_Murtagh
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This could drag on and on if there is no new evidence. If Ferrari can get an appeal with no new evidence this time, what's stopping them constantly doing it?

It's time the FIA grew a set and said to all the teams 'we run the sport, we make the decisions. Accept what we decide after a fair trial and get on with it'
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Norbert
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Everyone is entitled to appeal against a decision that they think is unjust or unfair. I'm sure if McLaren had got the kicking they deserve, then they'd be appealing too. Something to do with the WMSC saying "Well, you've been naughty, broken the rules, so we'll let you go and do it some more....."

<roflmao>
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safc_fan89
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Paul_Murtagh,Aug 1 2007
09:52 AM
This could drag on and on if there is no new evidence. If Ferrari can get an appeal with no new evidence this time, what's stopping them constantly doing it?

It's time the FIA grew a set and said to all the teams 'we run the sport, we make the decisions. Accept what we decide after a fair trial and get on with it'

They don't do fair trials though, do they? They do whatever means they have as little to do as possible. Except the plan backfires when someone protests. They have a muppet in charge so what do you expect...
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Red Andy
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There's a difference between appealing against a decision that you feel is unjust if you can demonstrate it is unjust, and trying to appeal against a decision when you have no new evidence whatsoever. If Ferrari could produce evidence that McLaren had used the data, then an appeal would be worthwhile. At present all they are doing is dragging themselves and McLaren further through the mud.
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AndyW76
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In legal systems, all appeals must consider new evidence, if there is no new evidence, then there is no grounds for appeal.
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u4coffee
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What I don't get is that it's the FIA that is asking for the appeal.
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safc_fan89
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They are appealing on the behalf of the Italian motorsport group, whoever they are, who requested it. Only motorsport organisations can appeal to the WMSC apparently, which seems stupid. The FIA claim to be appealing on the basis that it is important that the public have confidence in the verdict reached. Well, if it is being appealed, and as far as I can see it is a case of Ferrari trying to get the decision they want, which leaves them a clear path to the title (which they don't deserve on current form), gets Mclaren out of the way and then they are happy. That does not fill be with confidence at all, it makes F1 look completely stupid, and the FIA even more so.
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Iberiafromoz
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Apparently Ferrari are not happy as they were not allowed to presente a case at the last World Motor Sport Council.

Well I would like to see them going through a cross examination then. "You designed and used an illegal flexi floor that can beat our test. Do you believe McLaren has copied your design? answer yes or no?... <no>
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Rob
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I said before, appeals are all a part of the legal system. In the US nearly every civil case is appealed, and I know at least in Alabama felony convictions have an automatic appeal.

If Ferrari have no new evidence then this will be little more than a formality. If they have new evidence to introduce, then it needs to be heard.


Quote:
 
This could drag on and on if there is no new evidence. If Ferrari can get an appeal with no new evidence this time, what's stopping them constantly doing it?


I'd think Ferrari would be smart not to waste time and resources appealing the same case to the same body. And while I don't know all the rules and procedures of the FIA, I'm guessing this is probably Ferrari's last stop. Remember last year Renault had their appeal, and that was it. I'm certain that had they had the opportunity they would have tried to get the mass damper re-legalized, since it was very important to the car's front end.
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