Edward Gorman, Motor Racing Correspondent
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There were no cars on show, no deafening V8s screaming round tarmac tracks, no motorhomes and no champagne involved - apart, that is, from the preprandial glass taken by the four judges once a long morning of deliberations was over.
This was Formula One’s “other” setting - the court of law, in this case the FIA’s Court of Appeal, which was sitting to hear McLaren Mercedes’s case that three cars belonging to BMW Sauber and Williams should be thrown out of the Brazilian Grand Prix for using illegal “cool fuel”.
The arcane discussion of fuel temperatures in on-board tanks, in fuel rigs, in hoses even, and the legalistic debate over whether McLaren’s appeal was admissible under Formula One rules, would be a matter for insomniacs were it not for the important point that, by this route, Lewis Hamilton could become world champion.
At issue was whether or not the stewards were right at the Brazilian Grand Prix last month not to disqualify the Williams and BMW drivers, Robert Kubica, Nick Heidfeld and Nico Rosberg, despite finding that the fuel put into their cars at pit-stops was colder than allowed under the rules.
The lawyers had the track to themselves, so to speak. In the sixth-floor conference room of an American law firm in London, they went at it politely but ruthlessly as they fought over the destiny of this year’s championship.
Going into the hearing, the results of which will be announced in Paris this afternoon, there was little expectation outside McLaren that the offending drivers would be disqualified or that, even if they were, the results of the championship would be changed, giving the title to Hamilton (who does not want it by default) at the expense of Kimi Raikkonen (whose supporters would no doubt see him as the victim of a huge injustice).
In the offices of Sidley Austin LLP yesterday, little happened to change that view as Ian Mill, QC, counsel for McLaren, went about his business. In recent days the Woking-based team have tried to defend their decision to press ahead with this action on the ground that they are doing it in the interests of the sport, rather than as a means of winning a title that they have already lost on the track.
Mill thus had a tightrope to walk as he underlined that disqualifying the three drivers should also result in reclassifying the race. “I ask you to address this case as though it was taking place at any time, at any stage of the season,” he told the judges. “The drivers’ championship can’t be a material factor . . . what we say is that whenever there has been a disqualification there has been a reclassification. We merely ask you to do what normally happens.”
It seemed a bad fight for McLaren to have picked as they found themselves outnumbered three-to-one by the assembled lawyers representing Ferrari, BMW and Williams. BMW’s man, Ian Meakin, accused McLaren of “naked opportunism” in trying to pursue an illegal appeal by the “back door”. Ferrari’s Nigel Tozzi, QC, went much farther, as might have been expected, suggesting that McLaren might be seen as “shameless hypocrites, devoid of any integrity”. But Tozzi, who has already scored one big win against McLaren this year when he played a key role in handing them the biggest fine in sporting history (about £500,000) for possessing Ferrari technical secrets, was treading a fine line himself as he condemned McLaren’s case.
“It would be highly damaging for the sport if the title was to be won this way, with the fans probably feeling it was more about grubby manoeuvring by the lawyers than by the drivers’ skill,” he said. “As McLaren are fond of saying themselves, the championship should be decided on the track, not in the court.”
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Hamilton sould be punished as he used 4 wheeles more than its allowed on sturday qualification. Does anybody remender that? Does Ron?
Chiri, Madrid, Madrid
It´s around Ron doesn´t allow anybody to check data temperature McLaren cars fuel in Brazil Grandprix. Is that true? It´s been told by spanish newpapers. It´s hard to believe.
Chiri, Madrid, Madrid
As note that people remember just what she wants.
Ferrari have won the championship also thanks to Hamilton, thanks to its claim of Hungary and want to be above the team was able to remove all points in the race to Mclaren.
Now it is starting to miss Alonso within Mclaren, it is not that LH has no idea evolve the car?
David, Toledo, España
The real hipocrites are Ferrari - for allowing Masa to gift the Brazillian GP to Kimi. So much for driver equal opportunity on the track. Does bernie make up the rules on the hoof?
mike Morris, LONDON, UK
HKfan from Newton, USA, about Mclaren Mercedes losing a lot of their reputation and integrity: recall that Norbert Haug and Ron Dennis behaved in exactly the same way between the first and second WMSC FIA hearings. They both attacked Ferrari and both stated many times that the data stolen from Ferrari was never used, something proven false in the second hearing. Read also the Norbert Haug comments in that second hearing regarding the Mclaren Mercedes worldwide F1 television time.
Tetsuya, Tokyo, Japan
does anybody really care about this continuous playground squabbling of a bunch of egotistical millionaires?
it's embarrasing for the sport,for the fans and for all the sponsors who actually pay for it all.
jim(an ex F1 follower), dublin, ireland
Wasn't the fine £50m not £500k?
Chris, London,
to be honest i can't blame mclaren, its not what anyone wants to happen, but Mclaren have been hauled over the coals a lot this year for indescrections so when other teams break the rules you would want to see them punished too. to be honest it really has nothing to do with Mclaren, it has to do with williams and BMW, did they break the rules? if so, punish them. It Just seems to be funny that the stewards don't seem to care if it is not mclaren involved, and if it was ferrari, it would probably be encouragd!!
Tim, London,
Multiply that fine by 100 to get nearer the right figure. Its over McLaren, better luck next year on the track.
Andy (Ferrari Fan)
Andy, Milford on sea,
Saying that the appeal was not for getting the title and was for clarification of the regulations is clearly contradictory to the wording of the appeal and to the McLaren's QC's submission at the ICA hearing and shows how hyprocritical McLaren is. I am sorry to see that Mercedes Benz has been drawn into this and lost a lot of their reputation and integrity.
HKfan, Newton, USA
Right on the nail, Tetsuya.
L. A. Dietz, Palma de Mallorca, Spain
So in the end Ferrari won both titles on the track as the constructors points accumulated would mathematically have given them that tile as well. This doesn't mean the Mclaren record fine wasn't called for: on the contrary, anyone who reads the proceedings of the WMSC FIA hearing, and the hair-raising details of the Mclaren spygate, will ask themselves "but why weren't the drivers also disqualified?"
As for the Ferrari floor issue, as FIA pointed out in the same hearing, the Ferrari floor passed the tests at the time and, when the test was modified, so too the floor design was changed in order to conform. Simple. Those who try to draw attention to this (and not the Mclaren buckling stay which had exactly the same effect) should think more about the rest of the contents of those transcripts.
Tetsuya, Tokyo, Japan
Ferrari can talk, they were effectively were handed the constructors championship through the FIA court. It would be sweet justice if McClaren did it back to them in the Drivers championship.
David, Arusha, Tanzania
Mclaren who?
Walter Chipeta, London, UK
{ But Tozzi, who has already scored one big win against McLaren this year when he played a key role in handing them the biggest fine in sporting history (about £500,000) for possessing Ferrari technical secrets, was treading a fine line himself as he condemned McLarenâs case. }
Wasn't it £50,000 ???
furio , Rome, Italy
For the sake of accuracy, the fine was $100m. It is interesting to note that no one else sought to draw attention to this. The largest fine in sporting history. I would also suggest that Alonso created McLaren's problems precisely because Ron Dennis runs an equal system. As far as hypocrisy is concerned, granted Ferrari could have pushed for sanctions in Brasil. But I wonder if the FIA will see fit to impose a similar fine on Renault, who seem much more culpable than McLaren were.
In this case, if the BMW/McLaren roles were reversed, would the above commentators hold that pursuing this into the courts was hypocrisy? It is the principle that should be adhered to. If the laws are broken, then the relevant file should be imposed. It does not matter which race it was.
I would rather McLaren had won the race on the track, but it is incorrect to think that they would seek to win it in the courts because they messed up on the track.
Jim, Paris, FRANCE
I think we are missing the point here. Put simply, if BMW Sauber and Williams did CHEAT, depriving Hamilton of Championship points, then the obvious legal remedy would be to put the teams and drivers in the position that they would otherwise have occupied having excluded the cheating parties.
imj, Abu Dhabi, UAE
History repeats itself, sort of. The British Grand Prix in 1976 which was held at Brands Hatch, James Huntâs McLaren-Cosworth M23 was disqualified because he used what was classed as his spare car, because the two cars which led the way at the start of the race touch on Paddock Bend, James Hunt tried to avoid hitting the mayhem in front of him, but was unable to. His carâs suspension was to badly damaged, several other cars were also involved in mayhem.
James Hunt ran back to the pits to get in his spare car, but in the time it took to clear the track the McLaren mechanics re-built his car so he could take part in the race when it re-started.
After we had all left the track James Hunt the winner was disqualified, but a certain team made sure James remained disqualified.
Who was this team which was a stickler for the rules, youâve guessed it Ferrari, so Niki Lauda driving a Ferrari 312T2 was given the win.
Oh by the way the two cars that caused the original problem, Ferraris.
Ferrari have form on this and if you go through F1 history Ferrariâs name crops up again and again.
The reason I remember this race in particular is because I was there.
Also being as I have spent in R&D in all forms of engines I can tell you cold fuel is more dense, that is why when testing engines you weight the fuel also taking in account itâs specific gravity and temperature. Otherwise any readings for power curves and fuel loops are completely pointless.
Whether the teams which used cooler fuel knew they were running cold fuel is neither here nor there, the issue is they did, the rules are rules.
Iâm sorry but for many years now I have thought that the âFâ in FIA stood for Ferrari.
I suggest some of the writers on these pages get their facts right before writing.
Nite Owl, Ferndown, England
1. You state:
"Formula One world title after the FIA ruled admissable McLaren's appeal on a technicality" You actually mean ,I presume "INadmissable" ??
2. McLaren were fined £50 Million pounds , NOT as advised by other comments.
John, Woking, Surrey
Ferrari did not cheat at the first race!!!
http://www.autosport.com/news/report.php/id/63877
Read the article and this states that McLaren and Red Bull were also running similar floor designs which later had to be modified.
To those of you who are still waving the Union Jack, McLaren must have been cheating as well then???
Paul, London , UK
Irrespective of the merits and mistakes of each driver and their teams, the outcome will have a binary effect on the viewer.
LIfe can be so complex, and now they are going to take away my only peaceful chance to have two sunny-side-up eggs with Spanish jamon iberico while watching this sport!!
Jose Frederick, Madrid, Spain
I don't think McLaren has been fined £500,000.
I think it was £50,000, but I might be wrong ...
furio , Rome, Italy
Leave it as it is , otherwise you will have this situation after every Grand Prix. Why bother watching a race if the actual out come is not going to be decided until the court case after the race. Personally I want to watch some great racing and not a John Grisham plot unfolding every week. Water under the bridge boys, canât be doing the brand image much good if all you do is complain.
Besides, how many tyres did Hamilton use again? And what punishment did he receive? So do we go round in circles, Hamilton promoted to fourth, Championship passed to him, Hamilton disqualified and Kimi promoted back to champion. I suppose the lads will get a couple more chances to drink champagne!
Mark, Chester, UK
Nick (Kidlington) the problem is that Brazil marshals already investigated the affair, and couldn't establish the exact temperature because Teams and Marshals use different sources. Teams use the reference of meteorologists appointed by FIA but marshals themselves use the reference of meteorologists of the Track.
And please, do not pretend that the pursuit of the appeal is justice and not handling Hamilton the title. Hamilton himself has escaped so many sanctions this year he could change his name to Houdini.
Jose, Reus, Spain
If Ferrari had been pulled up for DESIGNING a car to break the rules, Lewis would already be World Champion.
Ferrari calling McLaren hypocrites is somewhat....hypocritical?
A Slater, Guildford,
Ferrari won the constructors title anyway mate!
jordi, bournemouth,
Ferrari won the constructors title through the courts so it seems rather hypocritical for them to baulk at the idea now - but then they will not be the beneficiaries so that must make it ok!
Leigh, Birmingham , UK
That's not true. You don't seem to know much about F1. Ferrari would have won the constructor title even if MacLaren had not been disqualified.
furio , Rome, Italy
Ferrari won the constructors championship because of 115 pages of a WMSC FIA hearing against Mclaren, including use of Ferrari data such as weight distribution, braking system in the Mclaren simulators etc
The hypocrisy here refers to Mclaren (Hamilton, Alonso, Haug, Whitmarsh) stating they were not trying to change the result to get the DC and then doing exactly that. Ferrari did no such thing.
The punishment here, if any, should be exactly the same as what Hamilton got for using an extra set of tyres (i.e. again unfair advantage in the same race) or for causing the safety car accidents.
Tetsuya, Tokyo, Japan
Have you guys ever watched F1?, an illegal floor for Ferrari was immediately stamped out before it made any impression and also at the time Ferrari were suffering from reliability problem,s therefore it didn't really benefit them, if people want to get that petty how about when McLaren, in the days of Coultard and Hakkinen, they started the season with a second break peddle some years back and Hakkinen went on to win the championship.
Everyone is going to complain in the UK because Ferrari won boo hoo, if McLaren didn't cheat and if Alonso did't compromise they situation even further then fair play McLaren should of and would of won but they didn't so get over it and move on.
Kristian, Bromsgrove, Worcs
Actually, Ferrari won the constructors championship anyhow - their team scored more than MacLaren. So no hipocracy there. Sorry Ron.
Antti Loefberg, Riihimaki, Finland
Ferrari won the constructors title through the courts so it seems rather hypocritical for them to baulk at the idea now - but then they will not be the beneficiaries so that must make it ok!
Leigh, Birmingham , UK
If Ferrari had have been punished for their ACTUAL cheating (first race of season, illegal floor) then Hamilton and McLaren would be champions.
How dare their disgusting lawyer dare to call McLaren cheats when he works for the firm whose ill-gotten reputation has been built on years of cheating, positioning and rule bending.
Ferrari are the biggest cheats in all of sports history, for them to complain about McLaren is like George Bush complaining about people who start wars.
C Jenkins, London, England
He calls them because they're it
Sheyla, spain,
isn't it about applying the rules fairly to all competitors irrespective to what teams are involved. if you break the rules then the same punishment applies. OK it may make changes to the 07 championship, but should Williams & BMW have thought through the consequences before breaking the rules? For the credibility of F1 and the governing body they must base their decisions on previous rulings and not change the outcome to suit the championship and good of the sport.
Nick, Kidlington, UK
A very unsavoury way to win the championship for sure. However, the question has to be asked since ignoring this matter due to the fact it would be terribly unfair on Ferrari may lead to wholesale cheating on the last race of every season.
The lawyers have a point, treat the claim as if it was the first race of the season and it doesnt seem so unreasonable.
Tim , Forres, Scotland
I think hypocritical is the adjective which describes the behavior of McLaren and the british press during the whole year... The claim of equality with both drivers, the spying affair, the rules LH has broken with no sanction...
"Definition
hypocrisy
noun [U]
when someone pretends to believe something that they do not really believe or that is the opposite of what they do or say at another time:
There's one rule for her and another rule for everyone else and it's sheer hypocrisy."
LSG, Valencia, Spain
Being hitten by huge fine and scandals on their 'double' faces , the Macs are suffering a terrible Retrograde Amnesia. If Ferrari were so opportunist they would have had Lewis to be investigated after impending Kimi's hot lap in Brazil twice! Sure, it would have made their job easier.Even Ferrari didn't need to be PROMOTED to take the offtrack WCC, fortunately they have enough points, unlike Lulu!
Dee, Malang, Indonesia
McLaren disgrace themselves yet again. The first McLaren PR disaster came about when Alonso blew up at Ron's favoritism towards the Hamilton clan. Looks someone wanted to try to get the title for LH in court, I doubt it was McLaren's management or Lewis. The normally sensible management at McLaren have had three major gaffes since LH became a driver at the team. I expect more disasters at McLaren due to more pit lane manuvering by certain people acting on Lewis behalf.
Frank, West Palm Beach, USA FL