The race-fix case of Briatore and Symonds versus the FIA

[xpensive]

...Even though he won who in their right mind would employ him.

Kovalainen and Webber still do.

[xpensive]

Is that it?

http://www.autosport.com/news/report.php/id/80744

[donskar]

IMHO, this isn't over yet (unfortunately for F1).

Briatore's interpretation (likely biased, I know) of the court's decision says a great deal:

"The Court recognized that all the criticisms I had formulated against the decision of the World Council were founded, by finding that the FIA had:
- rendered a decision that it was not competent to pronounce
- infringed its own articles of association
- totally failed to respect my right to a fair defense
- finally, entrusted the tasks of investigation, prosecution and judgment to a principle player known by all to be hostile to me.

A fight between Max and Flavio was always going to be more than just one round (and as dirty as we can imagine). Better for the sport if they'd both just go away. Instead, personal law suits are probably more likely.

[sticky667]

I predict Briatore buying a nice big stake in the Genii Investment within two years. It was already predicted Lopez was a front for him though he denies it. Now that the cat is out of the bag, Flavio will step to the forefront.

You heard it hear first!

[xpensive]

Just a note of pure and raving speculation on this Epiphany Eve, from where I'm at;

http://en.wikipedia.org/wiki/Epiphany_(holiday)

Perhaps MrM the Lawyer, was fully aware that the FIA had no jurisdiction to pass such a ban in the first place?

In either case, I can almost here the Champagne corks popping from somewhere way warmer than here.

[WhiteBlue]

The FIA notes the Decision of the Tribunal de Grande Instance of Paris in relation to Mr. Briatore and Mr. Symonds.

The Court has rejected the claims for damages made by Mr. Briatore and Mr. Symonds and their claim for an annulment of the FIA's decision. In particular, the Court did not examine the facts and has not reversed the FIA's finding that both Briatore and Symonds conspired to cause an intentional crash at the 2008 Singapore Grand Prix.

However, the Court did question the FIA's authority to impose bans upon Mr. Briatore and Mr. Symonds for procedural reasons and because they are not FIA licence holders and, according to the Court, are therefore not subject to any FIA rules. The FIA's ability to exclude those who intentionally put others' lives at risk has never before been put into doubt and the FIA is carefully considering its appeal options on this point.

The Court’s decision is not enforceable until the FIA's appeal options have been exhausted. Until then, the World Motor Sport Council’s decision continues to apply.

In addition, the FIA intends to consider appropriate actions to ensure that no persons who would engage, or who have engaged, in such dangerous activities or acts of intentional cheating will be allowed to participate in Formula One in the future.

So all the Briatore statement is pure BS. The court denies the FIA the right to ban non license holders. This is at the core of the decision. I guess the FIA will use all legal opportunities to overturn this decisions and find another way to punish Briatore. Certainly he will never get a license again.

[xpensive]

Oh I don't know about that, Briatore's lawyer seems most trustworthy on the matter;

Speaking after the verdict was delivered, Briatore's lawyer Philippe Ouakrat admitted that the court had been 'shocked' by the manner in which the Italian's fate had been determined without him even having the opportunity to defend himself against the charges of cheating of which he was accused – and that it had sought to repair the damage done as much as possible.

“We have the feeling that some justice has been re-instated,” Ouakrat is quoted as having said by the BBC. “I'm certain that the court was quite shocked by the way the decision was made against Mr. Briatore. We are in a situation in which Mr. Briatore is re-instated in all his capacities to act in Formula 1 or motorsport.”

[TauToadmiester]

Let FB have his 'football' team, don't care, but I would really prefer if he stayed out of F1 FOREVER. He really mistreated his drivers when they did not produce (even when car was total crap - ie 2009). Nelson or his replacement were not as bad of drivers as the car showed.

Alonso is an exceptional driver, he made the Renault crap cars (none were the best were they, maybe 2005, at least for the whole season) really shine.

I suspect one reason Alonso wanted out was to get away from FB (speculation) (as well as a better car and more consistent team).

But, of course, I am not in the team, don't know what the 'behind the scenes' reality of FB is/was or what others in team think, so only speak from a 'viewer/reader/enthusiast' perspective.

so to me FB is :^o

[sticky667]

Alonso wasn't mistreated. He wanted to come back after he left.

Hopefully he will come back and the breakaway threat will come back for 2012+. He is the ultimate marketing genius. F1 would be better off without the likes of CVC and their leprechaun.

[Fil]

Certainly he will never get a license again.

WB, he doesn't need a license to be an operational employee of a team in F1. That is the whole problem. That is why the FIA could not impose a ban on him!

In any case the "kangaroo court" nonsense should be dismissed by a regular court and another f1 myths will be eradicated.

i loved that quote a couple months back!
I am glad a much more independent court system finally tested this myth of the FIA Kangaroo Court.

Result:

[Fil]

Really?

For all the lack of impartiality of the FIA, i would much rather they handle F1 than race-fixers like Briatore.

i was a massive fan of his mid-season in 09, and really loved that he wanted to bring change to F1 for the entertainment & fan value. i even supported a break-away series at that stage.

But he put lives at risk, damaged the credibility of the sport, and misused his power over drivers to get results he wanted.
He became corrupted from his power in Renault F1 and driver management. Imagine what he would become were he to take a leading role in a race series..

I don't support the FIA in how they handled his actions whatsoever, but i can't see how anyone could support the return of him to the sport either.

[WhiteBlue]

Certainly he will never get a license again.

WB, he doesn't need a license to be an operational employee of a team in F1. That is the whole problem. That is why the FIA could not impose a ban on him!

If Briatore wants to be team principal again he will need to apply for a license by the FIA which obviously will never be granted. He can act through straw men, but that will not do much good either.

In any case the "kangaroo court" nonsense should be dismissed by a regular court and another f1 myths will be eradicated.

i loved that quote a couple months back!
I am glad a much more independent court system finally tested this myth of the FIA Kangaroo Court.

Nonsense! The court did not overturn the findings of the WMSC. It just said that the FIA cannot impose the sanctions it did because Briatore is no license holder since he was sacked by Renault. It rests to be seen if the appeal court will follow that opinion. Peugeot found out the hard way that the appeal court can over rule the grand tribunal.

There are several ways the FIA can make sure Briatore stays out. The WMSC can re convene unlimited times over the same issue and decide new actions for sanctioning the cheating if prior actions are invalidated by courts. Drivers who want to associate with Briatore can find themselves in trouble. Team who work with Briatore will probably make similar experiences.

Particularly if FOTA teams consent new license requirements can be created for team ownership.

[Rob W]

But he put lives at risk, damaged the credibility of the sport, and misused his power over drivers to get results he wanted..

This ruling effectively overrules the original ruling by the FIA meaning it's not as open-shut as the one man bandito Mosely would have you believe.

As much as this was a pretty disgraceful effort by the senior team members Max has shown himself to be vindictive and beyond reason time and time again. I am convinced the primary reason for the original heavy punishment was basically that the breakway series plans would have put a huge dent into F1's security, revenue and future plans. Basically the most serious issue F1 could ever face.

[tc9604]

But he put lives at risk, damaged the credibility of the sport, and misused his power over drivers to get results he wanted..

This ruling effectively overrules the original ruling by the FIA meaning it's not as open-shut as the one man bandito Mosely would have you believe.

As much as this was a pretty disgraceful effort by the senior team members Max has shown himself to be vindictive and beyond reason time and time again. I am convinced the primary reason for the original heavy punishment was basically that the breakway series plans would have put a huge dent into F1's security, revenue and future plans. Basically the most serious issue F1 could ever face.

I think mad Max had been wishing for years for the moment he could get rid of Flav. It must have been a dream come true for him, if a temporary one (long enough for Max to retire in peace)

[WhiteBlue]

But he put lives at risk, damaged the credibility of the sport, and misused his power over drivers to get results he wanted..

This ruling effectively overrules the original ruling by the FIA.

WRONG

http://www.f1technical.net/news/13962?u ... ne+news%29

In particular, the Court did not examine the facts and has not reversed the FIA's finding that both Briatore and Symonds conspired to cause an intentional crash at the 2008 Singapore Grand Prix.

As much as this was a pretty disgraceful effort by the senior team members Max has shown himself to be vindictive and beyond reason time and time again. I am convinced the primary reason for the original heavy punishment was basically that the breakway series plans would have put a huge dent into F1's security, revenue and future plans. Basically the most serious issue F1 could ever face.

Blah, Blah, Blah