Welcome Guest [Log In] [Register]
Welcome to The Pit Lane. We hope you enjoy your visit.


You're currently viewing our forum as a guest. This means you are limited to certain areas of the board and there are some features you can't use. If you join our community, you'll be able to access member-only sections, and use many member-only features such as customizing your profile, sending personal messages, and voting in polls. Registration is simple, fast, and completely free.


Join our community!


If you're already a member please log in to your account to access all of our features:

Username:   Password:
Add Reply
FIA to appeal Briatore case verdict
Topic Started: Jan 11 2010, 03:47 PM (264 Views)
John
Team Boss
[ *  *  *  *  *  *  * ]
http://www.autosport.com/news/report.php/id/80801


Quote:
 

The FIA has decided to appeal the decision of the Tribunal de Grande Instance to overturn the motorsport bans handed down on Flavio Briatore and Pat Symonds for their involvement in race fixing.

Last week, Briatore successfully won a court action against the FIA by claiming his indefinite ban from the sport had been wrong.

The French court suggested that the punishments given to Briatore and Symonds were 'irregular' - even though it did not disagree with the original guilty verdict given to the pair.

Following discussions between FIA president Jean Todt and other representatives of his organisation over the weekend, motor racing's governing body has decided to appeal that French court's verdict.

A statement issued on Monday said: "The President of the FIA has consulted the FIA Senate and the FIA's lawyers about the decision of the Tribunal de Grande Instance de Paris of 5 January. It was unanimously agreed that an appeal would be prepared.

"In his election campaign last summer, FIA President Jean Todt and his team announced that new measures for constructive change, including a disciplinary procedure, would be introduced. Work on this is well advanced. Once in place, this will address the issues in the Court's judgement. Nonetheless, an appeal is merited."

The FIA has also made it clear that while the appeal is underway, it believes the decisions of the World Motor Sport Council are still valid - meaning Briatore and Symonds still cannot work in motor sport.

However, the FIA has told Briatore-managed drivers that it will not enforce the original ban on issuing mandatory F1 Superlicences to those whose careers are looked after by the former Renault boss.


Bad move... if Max was still in charge then I'd say Yes, go for it as he would take a beating... but the 'new' FIA needs to move on and away from the public law courts... they by lifting the ban of drivers associating with Flavio have in effect already accepted the judgement of the French court...

It's a shame, 2010 was looking to be a good year
Offline Profile Quote Post Goto Top
 
Norbert
Member Avatar

Admin
While I agree they should let it drop, why should having a new president change the fact that they (the members) feel as though they have something to appeal against? Personally, I feel that Briatore, Symonds and Piquet Jr should have a significant 'holiday' from FIA sanctioned sport after conspiring, in the FIA's opinion, to deliberateely influence the outcome of an event by staging a crash during the race.

If they wish to appeal, good luck to them. I'm sure that they won't get all that far, and then it can be laid to rest. Unless they succeed, in which case Flabio will probably go to a different court, or bring some charges of his own, or some such stuff. Otherwise, people might notice he'd gone.
Offline Profile Quote Post Goto Top
 
John
Team Boss
[ *  *  *  *  *  *  * ]
I was not intimating the trio should get the all clear, my point was the FIA should accept the ruling as it stood and amend their rules accordingly. They can still deny them entry to sanctioned FIA areas... at least they can two of them, Piquet was immune from the sanction and is free to return should a team wish to hire him.
Offline Profile Quote Post Goto Top
 
sportsman
Member Avatar
Chief Engineer
[ *  *  *  *  * ]
John,Jan 11 2010
05:01 PM
I was not intimating the trio should get the all clear, my point was the FIA should accept the ruling as it stood and amend their rules accordingly. They can still deny them entry to sanctioned FIA areas... at least they can two of them, Piquet was immune from the sanction and is free to return should a team wish to hire him.

That's not quite right.The court ruling was as follows.So the FIA have no grounds for banning either Briatore or Symonds from any part of F1

"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.
Offline Profile Quote Post Goto Top
 
John
Team Boss
[ *  *  *  *  *  *  * ]
So the appeal is the only way the FIA can postpone the issuing of a statement lifting the ban... fair enough.
Offline Profile Quote Post Goto Top
 
Brave_Lee_Flea
Member Avatar
Chief Engineer
[ *  *  *  *  * ]
John,Jan 11 2010
03:47 PM
http://www.autosport.com/news/report.php/id/80801


Quote:
 

The French court suggested that the punishments given to Briatore and Symonds were 'irregular' - even though it did not disagree with the original guilty verdict given to the pair.


I'd just like to say that I think this part of the article is misleading. The court did not consider whether Flav and Pat were guilty and I believe that the phrase "it did not disagree with the original guilty verdict" wrongly infers that the court agrees with the verdict where in fact it offered no opinion. It neither disagreed or agreed.
Offline Profile Quote Post Goto Top
 
John
Team Boss
[ *  *  *  *  *  *  * ]
true... the verdict was restricted to the way it perceived the WMSC acted outside it's jurisdiction not what it did within it's jurisdiction
Offline Profile Quote Post Goto Top
 
« Previous Topic · Formula 1 · Next Topic »
Add Reply