CRazyLemon wrote: ↑06 Mar 2020, 06:52
Just_a_fan wrote: ↑05 Mar 2020, 21:53
saviour stivala wrote: ↑05 Mar 2020, 19:38
Following accusations from rival teams (but with no team having protested). The governing body (FIA) said it wasn’t confident that it could prove FERRARI had been in breach of the rules. (Material impossibility to provide the unequivocal evidence of a breach).
Which also means it can't prove it didn't breach the rules. And, crucially, Ferrari wasn't able to prove it hadn't broken the rules.
That last bit is the bit that most people, including all Ferrari fans, are ignoring.
If Ferrari could
prove they were legal, there wouldn't be an issue would there? They would demonstrate it and the FIA would say ""they're legal". That they can't do so doesn't mean they're legal, it means they're probably illegal but the prosecutor (the FIA) couldn't prove beyond reasonable doubt that they were cheating.
The distinction is subtle (actually it isn't) but it's key to legal proceedings.
If I accuse you of eating the last pie and you say you didn't. I may not be able to prove you ate it, but my 'suspicion' still stands against you, also you may not be able to prove you didn't eat it. So then are you guilty because you cannot prove your innocence? I don't think it isn't being ignored, I think it's difficult to prove you didn't do something if there's no evidence. Surely if no evidence can be found against, evidence to exonerate could also be lacking.
For me, the entire situation is simple. Ignoring the absolute shameful PR stunt pulled by the FIA with the first statement, there are two key aspects here which can not be refuted, changed or ignored.
If a governing body uses the term “SETTLEMENT” it automatically involves both parties at a loss of something and at a gain. A settlement cannot be conceived by both parties not having these two key aspect in the matter. Which ultimately proves that Ferrari had irregularities and the FIA had severe structural problems in both managing, enforcing and investigating set issues in a timely manner to produce a conclusive report. Something a governing body should do, regardless of complexity and political positions of both parties involved.
And last but not least. There is another key aspect here. With a small plus one. The complexity of the issue generated a complex answer. Therefore landing the most ambiguous result i have seen in my life when it comes to legality. The FIA has not stated the following line. “The Scuderia Ferrari PU investigation has determined the PU is within regulations”. This is what is missing. Regardless of what fencing side all categories of people involved would like to choose. As long as that statement does not exist, the complete exoneration of the team seems and it is impossible. Given the current situation, and linking both legal terms intelligently used in set statements ( 1&2) by the FIA it is no longer just an assumption that the Ferrari PU (2019) is not fully within FIA’s understanding of the regulations. That is my understanding of the whole mess.