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McLaren have notified Formula One's world governing body, the FIA, of their intention to appeal yesterday's stewards' verdict following the Brazilian Grand Prix.
The stewards launched an investigation as BMW Sauber and Williams were found to be in breach of technical regulations regarding fuel temperatures. After a three-hour hearing, however, the stewards chose to impose no penalty on either team.
If they had done so then Nico Rosberg, Robert Kubica and Nick Heidfeld, who finished fourth, fifth and sixth respectively, could have been stripped of their points. That would have promoted Lewis Hamilton up to fourth, and given the 22-year-old the crown in his rookie year.
McClaren believe vital evidence was missed which could cast fresh doubt on an already controversial and dramatic championship.
“We were surprised at, and don’t really understand the stewards’ decision," Martin Whitmarsh, the McLaren F1 CEO, said.
“Therefore, we feel if we had not lodged our intention to appeal we would surely have been criticised by fans and Formula One insiders alike for not supporting our drivers’ best interests.
“But I want to stress our quarrel, if you can call it that, is not with Ferrari or Kimi Raikkonen. On the contrary, Kimi won the race fair and square, and Ferrari did a good job to finish first and second.
“Our argument is with the stewards’ decision in relation to the cars of Rosberg, Kubica and Heidfeld.
“Hence, our decision to lodge our intention to appeal.”
Hamilton could only finish seventh as he suffered gearbox failure on lap eight which relegated him from sixth to 18th at that time. It resulted in the British rookie finishing a point shy of Raikkonen, who at one stage trailed Hamilton by 26 points after the United States Grand Prix in June.
However, McLaren feel there are Sporting Working Group minutes that negate the two points made by the stewards as to why they did not impose a penalty. If they can prove their argument, there may yet be one final twist in an extraordinary season.
If their appeal is successful, Rosberg, Kubica and Heidfeld could be stripped of their points, but as it transpires not necessarily their positions. Under the FIA’s International Sporting Code it would then be up to the stewards to decide whether the drivers who finished behind those three trio would be elevated.
There are instances in the past when drivers have lost points, but kept their race result, the most high profile of which was in 1997 when Michael Schumacher was stripped of the title, but allowed to retain his results for the official records.
McLaren’s argument would be that a technical infringement during a race leads to a driver being black-flagged, so in this instance it follows the three drivers should have their results wiped out.
The move to appeal, however, did not sit well with Fernando Alonso, Hamilton's bitter rival this season, who said he would be "embarrassed" if his team-mate ended up winning the world title.
“If he [Hamilton] wins the championship due to this, it wouldn’t be fair and I would be embarrassed for this sport," he said.
“I’m not sure what he [Hamilton] would think - I guess if they give you the title, you don’t think it’s a present but rather that you deserve it. He would be delighted.
“Raikkonen is the deserved champion. If you have more points, you are the deserved champion just like in football. He [Raikkonen] has won six races and Hamilton, like me, has won four.”
Luca Cordero di Montezemolo , the Ferrari president, told Italian media McLaren’s appeal was “a pointless stress”.
“The rules consider that if any other car is punished, it doesn’t mean that others will get points given automatically,” he said.
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