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FIA must announce Briatore ban lift; By Pablo Elizalde Tuesday, January 5th 2
Topic Started: Jan 5 2010, 05:25 PM (318 Views)
John
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http://www.autosport.com/news/report.php/id/80744

Quote:
 

The FIA has been ordered to tell the public and teams that the bans from motor sport imposed on Flavio Briatore and Pat Symonds for their part in Formula 1's race-fix scandal have been lifted.

A French court ruled on Tuesday that the decision to ban the two Renault men had been "irregular" and overturned the FIA's decision, meaning both Briatore and Symonds can now return to work in Formula 1.

The court found that the FIA did not have the power to decree such a penalty - as neither men held any licences to compete.

"The FIA ... can sanction licence holders, leaders, members of the ASNs [national sporting authorities], but it cannot with respect to third parties, take measures equivalent to a sanction - in contravention of article 28 of its statutes," the verdict read.

"The World Council, by forbidding FIA members and licences to work with Messrs Briatore and Symonds, on the one hand added a negative condition – to not work with them – which is not provided for within the FIA statutes."

The verdict also suggested there was a conflict of interest in the ban, as former FIA president Max Mosley was already in dispute with Briatore – and he played a part in both the investigation of the matter and the handing down of the penalty.

The court judgement added: "The decision of the World Council was presided over by the FIA president, who was well known to be in conflict with Briatore, with Mr. Mosley having played a leading role in launching the enquiry and its investigation in violation of the principle of separation of the power of the bodies.

"The decision [of the FIA World Motor Sport Council] is not annulled but declared irregular, and rendered without effect in its provisions against Mr. Briatore and Mr. Symonds."

The court added that the FIA will be now forced to notify F1 teams and the public, through adverts in French newspapers, that both Briatore and Symonds's bans have been lifted.

"The FIA is consequently obliged to notify within two weeks it is lifting the provisions to its members and licence holders, particularly the 13 teams entered into the FIA Formula 1 world championship 2010," it added.

"This must be published in the French newspapers, of the choice of Mr. Briatore and Mr. Symonds – at the FIA's cost, up to a limited cost of 15,000 and 5,000 respectively."

The FIA is considering appealing the French court's ruling.


<think> Free to work in F1... easier said than done... did Falivo resign or was he sacked from Renault... can he return.

I think the FIA would be crazy to appeal
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Red Andy
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I don't see what effect it would have appealing the decision. The original punishment grossly overstepped the FIA's jurisdiction, which was obvious from the start. Obviously the French court are not saying that Briatore is innocent, they are saying that the punishment handed down by the FIA was one that they could not legally have imposed.
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Lord Tau
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So what exactly is Briatore and Symond's punishments now?
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Red Andy
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None. The original case has not been overturned but declared "irregular." That is, Briatore and Symonds are both still guilty but the punishments handed out to them no longer apply. The FIA may revisit the case to give them a punishment that has a chance of sticking.
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Brave_Lee_Flea
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Red Andy,Jan 5 2010
06:42 PM
None. The original case has not been overturned but declared "irregular." That is, Briatore and Symonds are both still guilty but the punishments handed out to them no longer apply. The FIA may revisit the case to give them a punishment that has a chance of sticking.

To be fair I don't think Flav contested his innocence in this case, merely that the punishment was illegal according to the FIA's own rules.

He does however continue to maintain his innocence so whether he will at some point choose to fight that is another issue. I am puzzled as to why he should have chosen not to defend himself of the charges - unless he believed that the FIA hearing was convened to dispense Max's "justice" and so it would have been pointless. The punishment handed out lends one to at least consider that possibility, it was deliberately spiteful.

Innocent until proven guilty? Or has he been proven guilty? Difficult to know where to stand on this tbh given that he chose not to defend himself.
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sportsman
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Maybe this had something to do with it

"I would also have been glad to hear Mr Mosley explain that he expressed to me over the phone on September 19th 2009, that my presence at the hearing of the World Council of 21st September was neither necessary nor desirable, in the context of a difficult session for Renault, while since such hearing may, in any event, not result into any decision against myself."

http://www.autosport.com/news/report.php/id/80620
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Brave_Lee_Flea
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sportsman,Jan 5 2010
07:37 PM
Maybe this had something to do with it

"I would also have been glad to hear Mr Mosley explain that he expressed to me over the phone on September 19th 2009, that my presence at the hearing of the World Council of 21st September was neither necessary nor desirable, in the context of a difficult session for Renault, while since such hearing may, in any event, not result into any decision against myself."

http://www.autosport.com/news/report.php/id/80620

Wow, that's nuts. Max really is a nasty piece of work.
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P1
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Sure Max is something special...

<sarcasm>
How many 67 year olds can keep up with a 4 hours beating from 5 girls? <devil>


Though many of us probably would be willing to give it a try?
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