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| FIA to appeal Briatore case verdict | |
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| Tweet Topic Started: Jan 11 2010, 03:47 PM (264 Views) | |
| John | Jan 11 2010, 03:47 PM Post #1 |
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Team Boss
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http://www.autosport.com/news/report.php/id/80801
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 |
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| Norbert | Jan 11 2010, 04:57 PM Post #2 |
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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. |
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| John | Jan 11 2010, 05:01 PM Post #3 |
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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. |
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| sportsman | Jan 11 2010, 06:40 PM Post #4 |
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Chief Engineer
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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. |
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| John | Jan 11 2010, 08:25 PM Post #5 |
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So the appeal is the only way the FIA can postpone the issuing of a statement lifting the ban... fair enough. |
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| Brave_Lee_Flea | Jan 11 2010, 11:56 PM Post #6 |
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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. |
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| John | Jan 12 2010, 12:00 AM Post #7 |
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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 |
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8:48 AM Jul 11