Kevin Eason
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Formula One was last night preparing for a storm of protest after Flavio Briatore, Renault’s team principal, walked out of a court knowing his team had escaped punishment even though they were found guilty of spying. The FIA, Formula One’s governing body, put Renault in the dock at a specially convened hearing in Monaco to answer charges that they were in possession of secret documents belonging to their rivals at McLaren.
McLaren were fined a record $100 million (about £49 million) this year after being found guilty of possessing secrets belonging to Ferrari in an almost identical case. But this time there was no such draconian punishment in a judgment that will astonish many in Formula One and almost certainly trigger a new bout of accusations that McLaren are the victims of the FIA’s legal process.
FIA officials were last night working on an explanation of the judgment and promised a full transcript of proceedings will be published later today in the interests of transparency. The explanation will need to be convincing for millions of Formula One fans who will be unable to equate the severity of the punishment handed out to McLaren with the almost polite rap on the knuckles for a Renault team who appear on the face of it to have committed a similar offence.
Fans will also be entitled to ask why Bernie Ecclestone, Formula One’s promoter, and Jean Todt, the Ferrari team principal, were entitled to vote on the case as members of the FIA World Motorsport Council, given their interests in the case. Todt was the prime mover in bringing McLaren to book when it was discovered that Nigel Stepney, Ferrari’s former chief mechanic, had peddled a 780-page dossier containing secrets about the team’s cars and working methods to Mike Coughlan, McLaren’s chief designer. McLaren, at a first hearing on July 26, were also found guilty without penalty but subsequently hit with their huge fine and erased from the 2007 World Championship, handing the constructors’ title to Ferrari.
Ecclestone is a close friend of Briatore and also his business partner as co-owner of Queens Park Rangers, the struggling Coca-Cola Championship football team. The pair are also known to work closely in the Formula One paddock, where Briatore has Ecclestone’s ear on big decisions. As he left the FIA hearing last night, Ecclestone was asked if the judgment was fair. He said: “Was it fair? We are always fair.”
A glum Martin Whitmarsh, McLaren’s chief executive, was circumspect, refusing to condemn the decision. But his team have fallen at every legal hurdle this year and face a new inquiry today when the FIA will rule whether the car they have built for Lewis Hamilton’s assault on the 2008 World Championship is legal. FIA investigators have mounted a forensic examination of the car to discover whether there any traces of influence from designs contained in the Ferrari dossier. If there are, the McLaren car could be ruled illegal, a massive setback for Hamilton’s chances next season and probably the end of McLaren as title contenders.
Max Mosley, the FIA president, refused to go into detail on the decision-making process last night but will have to be at his best today as he explains how Renault, who admitted that nine engineers had seen secret McLaren information on computer disks, could escape any form of punishment. It is also understood that the team - unlike McLaren from their first July hearing - will not be subject to further examination unless there is compelling evidence for a new investigation. Mosley said: “The full decision when it is published will explain everything.”
The FIA World Motorsport Council started the day knowing that justice not only had to be done in the Renault case, but had to be seen to be done. That could mean that the facts in this case are very different from those that condemned McLaren to one of the most draconian sentences in the history of any sport, let alone Formula One. The facts will only become known on publication of the transcripts of the hearing, but Mosley will mount a stern defence of the FIA and emphasise the organisation’s impartiality in the face of criticism that there appears one rule for Formula One and another for McLaren.
Outside observers unable to make the fine legal distinctions between the McLaren case and that of Renault, who admitted that they possessed McLaren’s secret information and that it had been seen by key members of their team, may struggle to see the differences that let Renault off the hook.
The suspicion will remain that Renault had power to wield as one of Formula One’s top four teams and as a key component in the running of the Formula One show. Carlos Ghosn, Renault’s chief executive, is known to be lukewarm about his company’s involvement in Formula One and an embarrassingly tough punishment may have convinced him to withdraw, causing problems for the Formula One circus. The company also supplies engines for the GP2 feeder series and the Red Bull Formula One team.
The FIA has been under sustained attack in recent times, as the McLaren case unfolded, from leading motorsport figures, such as Sir Jackie Stewart, the three times Formula One world champion, and Damon Hill, the 1996 champion and president of the British Racing Drivers’ Club. Last night’s decision is unlikely to convince them that justice has been seen to be done. That is now for Mosley to explain today.
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It's not a Latin thing it's the crazy Spainish fans I can't stand Alonso the man turns my stomach. I am Italian, and I think the vile English man Max Mosely, should be fired from the FIA and I am a Ferrari fan. Vote of No Confidence in Max Mosley President of FIA so far 1801F1 fans want Max Mosley gone as the head of the FIA he destroying F1. True F1 fans please vote
http://www.gopetition.com/petitions/vote-of-no-confidence-in-max-mosley-president-of-fia/signatures.html
Luigi , Roma, Italy
I have to admit, reading these comments have made me conclude that Latino F1 fans are crazy and incapable of reasoning. The English fans have shown more objectivity and logic. BTW, I am not an Anglo...just an F1 fan who is annoyed at how Latino fans seem to defend Alonso at all cost. Have some self esteem Spanish, don't look to a sore loser like Alonso to validate your self worth.
David, Calgary, Canada
Briatore is partners with Eccelston,
Mosely is "Close Friends with Montezemula/Ferari"
How do we spell Conflict of Interest ?
Mosely has shown an inability to manage he needs to go before he destroys the sport!
Robert Robertson, Breckenridge, CO
Robert Robertson, Brecekeridge, Colorado, USA
Mosely must go, he's living in the past. The future of the "sport" looks bleak unless something is done to rid it of the favouritism that interferes with genuine competition.
Paul, Edinburgh, Scotland
Mosley out, Stewart in...
Epimethean, Reigate,
The degree of culpability should be related to the number of personnel who were privy to IP from another team, their seniority within the team and the volume of systems and the depth of detail that was made available.
In the McLaren case, one rogue employee was aware of the IP and two independent contractors (Alonso and delaRosa) were aware. Isn't it interesting how Mad Max and his goons ignored the fact that legally Alonso and de la Rosa were not even part of McLaren? The detailed information that was discussed by these independent contractors related to balance and to pit stop strategies (which was less accurate than the guesses put forth by the television commentators).
In the Renault case there were 9 senior employees of the team who reviewed four separate systems in some detail.
I'd have to conclude that the Renault case is quite a bit more serious.
Rod Williams, NYC, US
Justice has to be done......
What's about LH several times breaking rules last season a getting no penaulties...
universal justice or convenient one?
Javier, Cordoba, Argentina
Justice should be done, and be seen to be done! There is no justice in this case for McLaren. Ecclestone and Mosley created this cash cow called F1. It is now no longer a sport. A level playing field is the least that can be expected by the teams and that is clearly not the case. Personal vendetta's? One cannot disqualify that. Fans around the world will be angered that you can treat two teams who committed the identical ' Offences' but receive such different penalties. Those in charge of F1 are now the enemy of fair play and will destroy the 'sport' Ecclestone and Mosley are now the problem! We will get a nicely worded explaination drawn up by Mosley's legal team suggesting there is a difference between Renault, caught with it's trousers down, and McLaren. And that will be that. All's well! I don't think so!!
Brian Lill, Orpington, UK
Bobby, Bolton, you are wrong. McLaren where not punished when it was thought that a single 'rogue' employee had accessed the Ferrari data in private. There was no evidence that the Ferrari data had been on the McLaren networks.
They were punished when it was discovered that he information had been seen and discussed with another 3 members of the team.
In the Renault case the data had been stored on a server, was on back-up tapes, had been printed out and had been seen and discussed by three times as many senior Renault employees.
For this case to be fair, the Renault team should have been fined a pro-rata % of budget rate to the McLaren team, had all the points from 2007 deducted and have their 2008 car heavily scrutinised for McLaren IP too.
Ken Hall, Barrow in Furness, UK
It was a dead cert that Renault would not receive the same punishment as McLaren as the FIA or rather it's current president has a personal gripe against McLaren or rather Ron Dennis.
It is time for McLaren to take this outside of the F1 world ad appeal it in the open court as in a court of law there is NO evidence they did anything wrong at all.
I firmly believe that the whole F1 circus is all but corrupt - just look at the politics that go on all the time and how most of those in F1 will say (openly) one thing off the record but dare not say the same on it - asked yourself why that is???!
Dale, Wokingham, england
Just resign Mosley.
Graham, Warwick,
F1 - RUBBISH.The sooner it disappears the better.The winners are almost selected before racing - if it was not for the income why bother with races.
nigel ashurst, Leicester, England
Real circus!!!!!!!!! Form another F1 (NEW)
TKT, Kuala Lumpur,
Amazing all this noise you are making when a few months earlier when McLaren escaped penalties in the same conditions you kept your mouth shut....or you even found that to be normal.
Don't misunderstand me I believe Renault deserves some kind of penalty but it's amusing to see how you can change your point of view ...
English are good fellows Italians and French are the bad guys ? Please note that all people involved in these matters are british (Stepney, Coughlan, Mackereth....)....
Pat, Faversham, Kent
The team itself should be held responsible for any wrongdoings of individuals belonging to the team.
Plain biasness.
If Renault walk away unpunished for the same offence, then I see no reason why Mclaren have to be slapped with a huge fine..
Bryan, Singapore, Singapore
If I remember rightly (and I may not) didn't McClaren avoid a fine at their first hearing because they convinced the authorities that the material was only held in paper form by Coughlan and not seen by any of the other team members?
And the were subsequently fined when the emails came to light that showed that some of the team had access and had used the information.
It looks to me as if Renault have gone straight to the second stage and therefore should have been fined as well.
simon , Valencia,
F1 has morphed from spectacle to soap opera, losing all credibility along the way. The present story line is is simply too convoluted and messy for any intelligent person to care. Fortunately we have a choice: switch channels or stop following the "sport" altogether. As European viewing figures drop off a cliff many of the sponsors will draw the consequences, hitting those responsible for this mess where it hurts most: in their bank accounts.
I might tune in again once the Fuentes doping scandal reaches F1. Strange how long it's taken to follow up those leads... Might that have something to do with the nationality of some of the characters involved?
Kermit, London, Centre of the Universe
I have ridden a lot of squalls in my interest in Formula 1, not least watching lots of processional races and wondering why I am doing it. However, unless the FIA come out with something quite remarkable today to convince me that Renault are squeaky clean, I am heading elsewhere with my motorsport eyes. For a start, somewhere there 'sport' with the motors.
Bob Gardiner, Kirkbymoorside, UK
Perhaps it's time for McLaren to move to INDY they probaly would mop the floor and kill revenues for Mosley, Eccleston and Chums!
Stephen G, Ruislip, UK
I can't see setting my alarm in 2008 to wake up to watch a sport this corrupt. My Christmas wish is for Max and Bernie to retire to Florida but that leaves Jean Todt in the wings to carry on the FIA farce for another decade or two. Making Jackie Stewart head of the FIA is the only thing that could stabilize this disgrace for both fans and advertisers. McLaren should start fighting back in a different forum as public sentiment is surely on their side now.
John, Connecticut, USA
Technology has too much influence on race outcomes, at the expense of driver ability. If any real racing were going on at the track, rather than a stagnant queue, the sport would be better off. But when manufacturers must scratch for precious downforce and drag, at the expense of close driving stability, then the technology in the cars has diminished the sport-a priori to any theft of knowledge. As Sir Jackie and other giants of the sport have told us, these things have been going on anyway, and should have been kept in house.
The 2008 season will ban driver aids, and we'll get to see what Hamilton can really do. Maybe the FIA will even start taking away wings and making the tires thinner. Then we'll see some driving talent.
gerald, eastchester, ny
It seems to me that the FIA have either got it in for Mclaren or are bowing down at the feet of Ferrari . The same decision was originally made against Mclaren earlier this year but due to Ferrari crying and whinging the result was overturned . Another example of the bias towards Ferrari surfaced after Brazil for as long as I have been an F1 addict (20 Years) the accepted punishment for fuel irregularites has been to strip the guilty party of their points and award the points to the other teams BUT as soon as this would mean a Ferrari driver losing the championship the rules suddenly get changed. I think that Max Mosely should eitherBE SEEN to be fair and governing the sport with the same rules and punishment for all teams regardless of who it upsets or resign. I also think that the name F.I.A. was actualy an undected typing error by a secretary who should really have typed F.I.A.T. God Help F1 If Moseleys successor is Jean Todt Ferrari then will reign supreme with no hope for fairness
Martin Davies, Swansea, Wales
Easy explanation for this one
-Mclaren were, and are, a threat to Ferrari - hence they get fined
-Renault are no threat- hence no fine.
clive, Epsom, England
Renault accepted the information, discussed and examined it, but were too stupid to understand it, consequently they did not use any data from Maclaren. OK, that is a conceivable (if remote) possibility. The FIA statement bears this out but tediously ignores the underlying offence.
Renault are guilty of an offence under the regulations. Whether the result of the offence benefited them is imaterial - The offence was committed and must result in a sanction of some degree. Not a 'you are guilty - you acted incorrectly - you were found out - never mind'.
Considering the gravity of the charge, and the importance of being seen to be above reproach, what in hell was Eccleston, Ferrari and Mosely doing being part of the panel.
To steal a phrase, the FIA could be considered to have written the longest suicide note in the history of motor sport.
Jonathan Mills, Brighton,
What's with all the "You British should live and die by your own sword" type comments!? I've not seen or read anything that makes it any of this a nationalistic matter except for correspondents seeking to misguidedly insult the British. Where is Renault F1 based?! Britain. Employing a range of nationalities just like every other F1 team does.
Mclaren were guilty, Renault are guilty. Punishments should fit the crime even if there is a difference of degree of wrong-doing. I'd be annoyed at that hypocrisy regardless of who *any* of the teams involved were.
Any judicial system that wants to be taken seriously needs to be transparent, fair and equitable. Sadly this flies out the window where money is involved.
More sadly still, Mosley is still sitting pretty despite being wholly inadequate at..well...it appears absolutley everything.
Simon , Edinburgh, UK
Eva, Javier and riccardo - Get real, its not a nationalistic thing for the majority of us Brits. You seem to forget where Team Renault are based.
At the Stepneygate hearing McMerc were found guilty because an Employee (Mike C) had the Ferrari documents but no punishment was given because the FIA believed that he was the only one in possession of the material and it wasn't passed around the team.
At the second hearing it was shown that the data was passed to the drivers so the team was punished even though there was no evidence to prove an advantage was gain as a result.
At the Renault hearing the team were found guilt. It was found the the data from McMerc was passed around a NUMBER of Engineers.
Who has more impact on the design of the cars, the Driver, or the Engineers.
If having the data but not distributing it results in no punishment, but having the data AND distributing is punishable by a $100M fine and loss of points. Why has Renault escaped unpunished.
Ian Underhill, Howell, MI, USA
Ron "Rum" Dennis will know more in the courts than in circuits. This "Sir", the big loser of the last championship.... left de drink "Rum".....Not only have you lost the last championship, but also has lost the little dignity that you left, you lost the best pilot you could get............ RON, YOU LOSE!!!!!!!!!!!!
David, Vigo, Espanha
The ruling does not surprise me given that few FIA decisions have gone in McLaren's way in the last few years. This case should have been held in a court of law, not in the hands of a governing body run by a bunch of self-serving mafia style oligarchs. If Ron Dennis had some balls, he should have taken the FIA to court for damaging their good reputation. Problem is, Ron has been too passive and allowed the FIA/Ferrari to take control of the spygate crisis.
David, Toronto, Canada
How I enjoy to see all those McLaren fanatics and Hamilton worshippers grind their teeth when they get their own medicine. YOU complain NOW about double standards??!! Don't make me laugh.
Eva, Palma de Mallorca, Asturias, Spain
I have to confese, I love seen imperialistic guys suffering they one rules.....
What do you feel when te rules interpetation are used against your self?
British guys, welcome to your own mirror
Javier, Cordoba, Argentina
"If you are Ferrari or Renault feel free to do as you please - there will be no sanctions".
What?
Ferrari?
I suppose some britons do not remember it was MacLaren that did as its pleasure in the Ferrari/ML spy story. With no sanctions for its drivers, I add.
Why in Britain the truth on Ferrari/ML spy story is always distorted or even reversed for ML convenience?
F1 is on britons' hands since almost 20 years (is Mosley french? or Ecclestone italian?); so please stop moaning and crying because you lost both 2007 championships: it was MacLaren's (and Dennis') fault not Ferrari's or FIA's.
To keep on bringing forward excuses is actually not a very noble behaviour.
riccardo, cremona, italy
The logic here (if there's some logic after all in FIA's decisions) is that Renault got the same sanction than McLaren in July: guilty but no penalty under the conditions of total transparency. And the Renault car will probably be inspected to make sure that no McLaren intellectual property has been inappropriately used.
This also means that if later, the FIA founds out that Renault had hidden extra evidence that aggravates the case then it would impose the penalty: 100M$ and no constructor points.
I think than an amnesty to both McLaren and Renault is the best thing to do for the FIA. This looks like total improvisation - it would be better to rewrite the book instead and leave the intellectual property stuff to the teams and the civil courts - not the FIA's.
Manuel Martinez, Montreal, Canada
What a load nonsense, one rule for Mclaren another Renault. Cant wait to see the the explanations by the FIA.
Onome, Lagos, Nigeria
Well,
That's the last time I will ever waste my time watching a Formula 1 motor-race. This makes the whole thing a farce.
ADVERTISERS & ITV, TAKE NOTE!
stuart, Dublin, Ireland
This has nothing to do with race or colour, but there is a common thread running through this whole saga, Fernando Alonso.
Richard, Banbury, UK
Time to rename FIA as Ferrari's Internal Agency. McLaren get a $100 million fine and Renault get off the hook as Fabio is Bernie's friend and biz partner......call it justice.
McLaren - the true 2008 world constructor champions
Raj, London, UK
What, what, what..... renualt got EXACTLY the same treatment as macca: found in possession, but NO penalty, and Times on Line are not happy, I do not recall you being particularly outraged after similar macca verdict......why are you trying to be such a sore losers all the time??
Bobby_, Bolton,
Kevin Eason, how can you say: "in an almost identical case" and "Renault team who appear on the face of it to have committed a similar offence", without knowing the content of the hearing? Why not to considering other possibilities before taken part so fast? Bud journalism, yours, certainly.
gon, Oaxaca, Mexico
Mclaren is in F1 with no other option - huge fine. Renault car manufacturer, not keen on F1, needed by F1 - no fine. If you are Ferrari or Renault feel free to do as you please - there will be no sanctions. RIP F1 a sad excuse for a sport!
john, manchester,
Yes Motor Racing is definitely a CIRCUS and the Ring Master is????
Ken, Wollongong, Australia
I'm white, but am I the only one wondering if race has something to do with this. First black driver in formula 1 does well and the FIA seem to do everything to block ... I just feel that if Hamilton had been white and, say, French half of this would never have happened.
CR, Berks,
These leading UK motorsport figures had nothing to say after the first Mclaren FIA hearing which also led to no punishment. Recall that the evidence (the real evidence, not the evidence publicized by Mclaren a fortnight ago) is an order of magnitude less serious than that presented for the first Mclaren hearing. So much so that, since the offenses Mclaren were accused of are punishable by Law, there were also criminal cases going on in parallel both in the UK and in Italy. In this case there is no parallel criminal case against Renault. On the contrary, media reports suggest Renault are about to bring Mclaren to court.
Mclaren really should have produced the smoking gone, which is what was done in the second FIA Mclaren hearing.
Tetsuya, Tokyo, Japan
If I was Dennis or one of the principles I would pull out for a year right now, anything else is just going along with the hubris that is Ecclestone & Co
Terry, Hull,
Lost: Credibility. $100 million dollars reward to finder. Please send to FIA Paris.
Alan, Luton,
I can't believe it. Is it worth? I mean, there's no need for McLaren to face this injustice again and again every single day. If I was Ron Dennis I would leave F1. I know it's just impossible, but this is what the FIA deserves: let them know what's F1 like without them.
Yes, Ferrari is important in the sport. But F1 is nothing without McLaren.
All I can say as a fan of this "thing" (sport? I don't think so) is that this is the beginning of the end of F1. Come on, Max, go on like this and you will destroy it. No matter what you do, fans are not stupid.
Go ahead, Ron. We know the truth.
Karmen, Valencia, Spain