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Jean Todt; 1st Presidential test
Topic Started: Jan 7 2010, 11:42 AM (226 Views)
sportsman
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It will be interesting to see how Todt copes with this one.
On the one hand the FIA have little choice other than to appeal. Although I don't think they should.But thats only my opinion.

This is his problem.

"Despite that, Mosley says the issue is far from over and says the FIA could simply change its rules so that it can ban even non-licence holders.

"As far as the FIA is concerned I would really want to hear what the superior court said before I would be prepared to acknowledge that the advice we got from outside lawyers was incorrect," Mosley told the Telegraph.

"But the suggestion that we can't penalise anyone who doesn't have a licence is very serious because, for example, we wouldn't be able to ban those people who blacked up their faces and upset Lewis Hamilton [in Barcelona in 2008] from coming to a race.

"But in any case the FIA can easily change its rules so that it takes account of what the court said. They said we weren't allowed to ban non-licence holders. Well obviously you can bring in a rule which does allow you to, if you wish."

http://www.autosport.com/news/report.php/id/80758

Max is talking as though he is still president of the FIA.Note how he glibly say's "we can change the rules" thats perfectly true can.
But if Todt does go ahead and appeal, then the whole world willl accuse him of being Max's puppet.
I notice that Todt himself has not said a word.Max needless to say has grabbed the chance to gain some press coverage.
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Alien_SAP_Fiend
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sportsman,Jan 7 2010
11:42 AM
Max is talking as though he is still president of the FIA.

Well, he chose his successor...
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John
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Max's preferred choice happened to be the eventual winner, but the FIA not Max elected Todt. <nono>

Max is mouthing off because, a) he is Max and b) he is directly implicated in the irregular sanction imposed on Flavio and so the French courts ruling is an indictment on his leadership... <thumbsup>

Does anyone seriously expect Max to come out saying, fair cop, I over stepped the mark... <no>
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AndyW76
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They could always negotiate with Flav for a self-imposed ban. That way legal proceedings can be avoided, F1 and Flav get a mutually agreeable break from each other and the FIA saves face.
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John
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How is this ruling going to effect Flavio's standing with the FA over his links to QPR... the ruling overturns the ban but does not clear him of wrongdoing... but without the ban the FA rules on directors does not apply for what I see...
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Red Andy
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I think that will be the case, John. Flav should now pass the FA's "fit and proper persons" test as he is not banned from any other sport, even though he is still guilty of wrongdoing.
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Norbert
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What difference does changing the rules make? Surely you cannot change the rules to suit a past offence? That would be like reducing a speed limit and then fining anyone who drove down the road at the old limit previously.

While the FIA surely have no right to stop Flavio from managing drivers, surely they have a right to ban him from any areas regardless of any involvement with a team? After all, most events will surely state quite clearly that 'the management reserves the right to refuse admission'..? Or does the FIA not have any management rights on the event itself?
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John
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changing the rules so that team principles and other key staff have to apply for a licence to work in F1 from 2010 onwards will catch Flavio and Symonds out because they can withhold a licence from them thus banning them from F1... it is simple and effective,


what is not so clear would be is it legal to do it without grounds, Symonds admitted knowing and partaking in crash-gate (hence his lesser ban) so the FIA could refuse a licence... they would have to prove Flavio was complicit before they withhold a licence, I don't believe they have proven complicity
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sportsman
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Red Andy,Jan 7 2010
12:45 PM
I think that will be the case, John. Flav should now pass the FA's "fit and proper persons" test as he is not banned from any other sport, even though he is still guilty of wrongdoing.

The Football League has said it is waiting for "formal clarification of the court's decision" before considering the implications for Briatore's position as co‑owner of Queens Park Rangers.

http://www.guardian.co.uk/sport/2010/jan/0...atore-crashgate
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Norbert
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Again, surely the FIA can refuse a licence on any grounds they like? At their discretion, they could decide that an applicant was not suitable for holding such a licence.
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sportsman
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Norbert,Jan 7 2010
01:00 PM
Again, surely the FIA can refuse a licence on any grounds they like? At their discretion, they could decide that an applicant was not suitable for holding such a licence.

They must have a valid reason to refuse anyone a licence.Incompetence.Previous proven reasons why they refuse.They simply cannot refuse a licence because they feel like it.Thats discrimination.Thats illegal.
The only way that the FIA can ban Flavio is to prove "beyon reasonable doubt" that he was complicit in this matter.
They have not yet done so.To do that, they would need to hold another hearing with Flavio and all involved present and provided withh all documents stating the charges before hand to construct their defence.
In nthe last hearing, witness X did not appear.And could not be cross examined.
All witneses would need to attend to be subjec to cross examination.

And Flavo's guilt or innocence would need to be legally proven before the FIA would reasonable grounds to refuse him a licence.

This man would also need to appear.

"Backing up this accusation is a quote from Mohammed Ben Sulayem, the president of the United Arab Emirates automobile club, in a newspaper interview after the WMSC hearing, where he said: "We did our negotiations before and everybody is happy with the result. The verdict is fair and everyone is a winner." "

He is currently the FIA Vice president for sport
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