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

[myurr]

http://www.autosport.com/news/report.php/id/81360?

With former Renault boss Flavio Briatore and engineering director Pat Symonds having overturned bans from the sport in the French courts, a decision that remains subject to an FIA appeal, Todt has said action will be taken as a response to the matter.

Speaking to Gazzetta dello Sport about the subject, Todt said: "The Court of Grande Instance ruled we were wrong over the form, not the substance.

"There was an indisputable fact and there was proof - so much so that there was just a single vote against at the World Council. I will propose that the team managers, too, will have a licence."

Of course the minority vote was Briatore's old buddy Bernie as he confirmed himself.

That course of action was expected and will help to give the FiA the necessary means to discipline cheating F1 executives.

Oh don't start this again. The French court didn't even judge the substance, only the form. They ruled that the entire method the FIA used to collect and judge the 'substance' was invalid - calling into question that judgment and therefore that punishment.

There was an indisputable fact and there was proof - so much so that there was just a single vote against at the World Council.

This is the bit that gets me the most as no one on the World Council was allowed to know what that indisputable fact and proof was - they merely ruled based on Max's word. That all but Bernie loyally voted as their master dictated shows, to me at least, the corruption prevalent throughout the FIA.

Requiring Team bosses to hold an FIA license is not a step forward for accountability, it's a way for the FIA to avoid little details such as giving said team bosses a fair trial. I sincerely hope that Todt backs down from this and instead addresses the need for truly independent due process within the FIA itself. This smacks of Max's influence, Todt being his chosen candidated, etc.

[myurr]

WhiteBlue - in the interests of us not going round in circles over the same old ground, can I add my final statement to you:

My judgment over the 'crashgate' affair, that Briatore may or may not have known but it was not proven either way and as such should be treated as innocent until proven guilty, is backed up by the French legal system that ruled the FIA had failed to provide Briatore with a fair trial.

Your judgment that Briatore is guilty as charged, no questions asked, is backed up by the institution found in a court of law to have followed incorrect procedures resulting in an unfair trial - basically finding the FIA guilty of following a corrupt process. This same organisation having a history of questionable rulings and judgments based on personal vendetta rather than fact.

I shall not trouble you further.

[WhiteBlue]

WhiteBlue - in the interests of us not going round in circles over the same old ground, can I add my final statement to you:
.........
Your judgment that Briatore is guilty as charged, no questions asked, is backed up by the institution found in a court of law to have followed incorrect procedures resulting in an unfair trial - basically finding the FIA guilty of following a corrupt process. This same organisation having a history of questionable rulings and judgments based on personal vendetta rather than fact....

You can make statements about you judgements all you like but please refrain from trying to distort what I posted. I can and will give my views and opinions in my own words.

I think that Jean Todt is correct. I also think that Briatore is either guilty of conspiracy or unqualified to lead a team for failure to expose and fire the conspirator Symmonds.

The requirement of F1 team directors becoming FiA licensees is a positive move. It simply stops a legal loop hole used by Briatore. In the future it will make it possible to sanction cheaters in accordance with the European Union law.

[andartop]

There is no race-fix scandal.

The kid does it all the time, it's what he knows best:

http://f1.gpupdate.net/en/formula-1-new ... or-piquet/

[myurr]

You can make statements about you judgements all you like but please refrain from trying to distort what I posted. I can and will give my views and opinions in my own words.

I think that Jean Todt is correct. I also think that Briatore is either guilty of conspiracy or unqualified to lead a team for failure to expose and fire the conspirator Symmonds.

The requirement of F1 team directors becoming FiA licensees is a positive move. It simply stops a legal loop hole used by Briatore. In the future it will make it possible to sanction cheaters in accordance with the European Union law.

What I find strange and disturbing all in one is that you find the right to a fair trial to be a legal loophole. And that is why we will never agree on this.

And, just for the record, how would you for example have exposed the fact that Symmonds and Piquet were plotting this crash? And why do you believe that Briatore was better placed to uncover this plot than, say, Alonso?

[WhiteBlue]

What I find strange and disturbing all in one is that you find the right to a fair trial to be a legal loophole. And that is why we will never agree on this.

Briatore had his chance to a fair trial, but he choose to disregard the charges and stay away from the hearing. He was probably aware that by retiring as Renault's principal he would deny the FiA the chance to punish him in accordance with EU law. He did not manage to stop the hearing and the guilty verdict. The Paris court did not look into the question of Briatore's guilt or innocense for race fixing. They only looked into the question if the procedural quality was suitable to punish two privat citizen who knew nothing of the Renault case and had not received any documents in their privat capacity. Briatore's lawyer sold the court the story that the retirement had created a whole new legal situation which should have cancelled the hearing and started a new process of law against his privat clients and not Renault F1. That in my eyes was the legal loop hole because at the time of the conspiracy the natural person representing the legal entity Renault F1 was Briatore.

And, just for the record, how would you for example have exposed the fact that Symmonds and Piquet were plotting this crash?

The whole world knew this right after the FiA investigation that was conducted at the 2009 Spa race weekend. Here is the time line:

July 28 2009 Monaco

Piquet flies to Monaco and chats with Mosley, relays his knowledge of the race fix. Mosley says he has already been told by Whiting. Mosley reiterates Whiting’s comment that there can be no case without evidence from his son. The same day Briatore sends a letter to Piquet Snr saying he is “extremely shocked”. ...

The stewards report to the world council notes that despite the letter and other exchanges Briatore orders no internal investigation.

August 27 2009 Spa, Belgium

Quest investigators watched by law firm of Sidley Austin and FIA stewards Lars Osterlind, Vassilis Despotopoulos,Yves Bacquelaine, Alan Donnelly and Herbie Blash question Fernando Alonso and Pat Symonds. Symonds admits a conversation has taken place with Piquet the previous year at Singapore over the race fix but said it was on Saturday and not Sunday and it was Piquet’s idea to fix the race. A suggestion he had taken as a joke. Symonds declines to answer most of the key questions explaining he wants to “reserve his position a little” Alonso denies all knowledge.


August 28 2009 Spa, Belgium

Briatore flies into Spa. Has he been alerted to the questioning of his staff? It’s difficult to believe he hasn’t been. He denies all knowledge of, or any part in, a fix. He admits there was a meeting with Symonds and Piquet....


August 30 2009 Spa, Belgium

Brazilian paper O Globo breaks the story of the investigation. FIA refuse to confirm anything other than that an investigation is going on.


September 2009

The FIA summons Renault, Briatore, and Symonds to appear before the World Council on charges of bringing the sport into disrepute


September 16 2009

The FIA extend the deadline for Renault to prepare their defence but on deadline day Renault announce that Symonds has left the team, Briatore has quit and they will not be contesting the hearing on September 21.


September 18 2009

On the last working day before the hearing Alonso is suddenly summoned to appear before the World Council


September 21 2009

World Council hearing in Paris

It was in the papers by August 30 latest. Briatore had internal evidence since 29 July (see his letter) and did nothing about it until his Renault bosses kicked off the internal investigation (begin September) that he never did. So it wasn't a question of how to expose it. It was exposed! The question was: Why on earth was Briatore denying the whole thing until he was forced to retire on 15 September?

And why do you believe that Briatore was better placed to uncover this plot than, say, Alonso?

Because Alonso was only a driver charged to drive the car. Briatore was team principal charged to run the team inside all regulations and the sporting code. At only a whiff of a suspicion of race fixing his only reaction could have been to grill both conspirators and immediately suspend both. He fired Piquet in Hungary but not Symmonds which after Symmond's Spa testimony was completely irresponsible.

[WhiteBlue]

Piquets launch £200K claim against Briatore
31/03/2010
Nelson Piquet and his son, Nelson Piquet Jnr, have launched a £200,000 libel suit against former Renault team boss Flavio Briatore.

The action comes in the wake of Crashgate, the scandal that followed the 2008 Singapore Grand Prix, in which Piquet Jnr deliberately crashed his car, allegedly under orders from Briatore.

In the aftermath of the scandal Briatore received a lifetime ban from FIA sanctioned motorsport, a decision which a French court subsequently overturned but which the FIA has said it will appeal.

While Piquet found himself virtually unemployable in F1 and a number of sponsors deserted the French team, parent company Renault subsequently sold a large slice of the team to Luxembourg-based private investment firm Genii Capital.

The Piquets law suit, which will be heard in the High Court in London and sees them represented by Dominic Crossley of Steeles (law) llp, who have previously represented Tony Purnell in his action against Tom Rubython and Max Mosley in the wake of revelations about his private life in 2008, relates to a press release issued by the Renault F1 team last year which allegedly accused the Brazilian duo of giving false evidence to the FIA and blackmailing the team.

"Given Renault F1's failure to accept the Piquets' invitation to withdraw the allegations and apologise, they feel they have no other choice but to demonstrate the falsity of these allegations in court," Crossley told the Daily Mail.

I'm looking forward to the Piquets winning this action. A pitty that the price is not 50 times what they ask for.

[manchild]

Very impartial WB

I have no intention to defend Briatore, but also no intention to give immunity to Piquet. He is an adult, a F1 driver with above the average IQ, enough money for advisers, lawyers etc. He wasn't the part of the scenery but an individual consciously taking part in it for personal benefit

Legally speaking, Piquets were hiding the truth about the scam they've participated in as long as it was good for junior's career. No decent court would ever consider it as something that erases their part of the guilt.

[gibells]

Well seeing as this is a proper civil court, presumably witness X's identity will have to be revealed in order to substantiate Piquet's assertions. Bring it on!

[Ciro Pabón]

Simple: mudfight.

[RacingManiac]

Very impartial WB

I have no intention to defend Briatore, but also no intention to give immunity to Piquet. He is an adult, a F1 driver with above the average IQ, enough money for advisers, lawyers etc. He wasn't the part of the scenery but an individual consciously taking part in it for personal benefit

Legally speaking, Piquets were hiding the truth about the scam they've participated in as long as it was good for junior's career. No decent court would ever consider it as something that erases their part of the guilt.

Agreed....Piquet isn't exactly innocent here. IMO a classic case of pot calling cattle black...

[WhiteBlue]

Very impartial WB

I see no reason for impartiality, manchild. Briatore's methods and behavior have long been a nuisance. The man is a dirty pimp in my view. So it came as no surprise that he also cheats and fixes races.

The Piquets are probably not too far behind Briatore in criminal energy but they had the bright idea to side with the federation to clean out the muck. Nelson jr. will never fully resurrect his racing career and that is probably an appropriate punishment.

To have this lot go to court and testify against each other is going to provide some entertainment. At least we can expect more details to come to the light of day.

[manchild]

The Piquets are probably not too far behind Briatore in criminal energy but they had the bright idea to side with the federation to clean out the muck. Nelson jr. will never fully resurrect his racing career and that is probably an appropriate punishment.

Reporting it to FIA was their revenge, not desire to "clean out the muck". Even worse, I think it was senior's outburst of fury that ended his son's career. Even if Jr. was dumped by Renault, he had a chance to find a drive in some other team. What sealed his F1 career was squealing on team. No team will ever hire him again, because he has proved as untrustworthy.

His father ruined his career in two moves, first one was when he obviously agreed with what he was suggested to do before it happened, and second one was when he reported it to FIA thinking that reporting a crime Jr. took part in, is equal to being considered honest by the rest of the world.

FIA (MoSSley) had forgiven him instantly just to get rid of Briatore. Piquets made the deal with the devil... we all know how it ends.

In a way, Jr. was the victim in this MoSSley - Briatore war, but not at all an innocent victim.


If only MoSSley & Briatore were kicked from the sport after 1994, it would still be as it used to.

[autogyro]

Perhaps some can remember what Italy tried to do to Williams some years ago over an obvious accident.
Briatore IMO should be in prison in Singapore, not wearing bin liners pimping in the headlines.

[manchild]

Perhaps some can remember what Italy tried to do to Williams some years ago over an obvious accident.

It was Bernie, not Italy. First rule of Bernies empire (the unwritten one) is "No deaths on circuit" (the show must go on, no proper criminal investigation , no crime scene expertize, big money is in stake). Both Ratzenberger and Senna were dead on spot, including Italian and Australian marshals in years to come. There was a good article about it on pitpass few months ago.

Briatore IMO should be in prison in Singapore, not wearing bin liners pimping in the headlines.

If guilty, yes. But together with rest involved. Piquet had risk his life consciously, but endangered the lives of each competitor on track.

Kid was young and eager, I know, but he was an adult. If we had all done anything to achieve our goals when we were in early 20s, than we'd all become criminals. Piquet has chosen his way, unfortunately with bad influence of his father.