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Lewis Hamilton goes into the final four races of the Formula One season with a one-point lead in the World Championship after the FIA deemed McLaren Mercedes' appeal of his drive-through penalty at the Belgian Grand Prix to be inadmissable.
The McLaren driver's World Championship lead would have been seven points had his appeal been successful, but the FIA Court of Appeal upheld the decision that denied him victory at Spa.
Hamilton was not in court to hear the verdict, having left Paris yesterday to head to Singapore for Sunday's Grand Prix, and although he admitted his disappointment at the verdict, he vowed to put it behind him.
"People will probably expect me to be depressed about today's result, but that isn't me," Hamilton said. "All I want to do now is put this matter behind me and get on with what we drivers do best: racing each other.
"We're racers, we're naturally competitive, and we love to overtake. Overtaking is difficult, and it feels great when you manage to pull off a great passing manoeuvre. If it pleases the spectators and TV viewers, it's better still.
"So I'm disappointed, yes, but not depressed."
Hamilton appeared as a witness among a McLaren delegation that unsuccessfully argued that the stewards at Spa-Francorchamps were wrong to give Hamilton a 25-second penalty for gaining an “advantage” as a result of cutting a chicane during his battle with Kimi Raikkonen, of Ferrari, which demoted him from first to third on the podium
Martin Whitmarsh, McLaren's chief executive, insisted the team's appeal should have been admissible.
"We are naturally disappointed with today's verdict, and to have received no ruling on the substance of our appeal," said Whitmarsh.
"No one wants to win Grands Prix in court; but we felt that Lewis had won the Belgian Grand Prix, on track, in an exciting and impressive manner.
"Our legal team and witnesses calmly explained this, as well as our belief that the appeal should be admissible, to the FIA International Court of Appeal. It nonetheless decided that our appeal was inadmissible. We will now concentrate on the remaining four races of the 2008 Formula One season."
The FIA released a statement, reiterating their reasoning behind the decision.
"Article 152 of the International Sporting Code states that drive-through penalties are 'not susceptible to appeal'," an FIA statment read.
"The competitor McLaren Mercedes appealed the Steward’s decision before the International Court of Appeal in a hearing in Paris on September 22nd.
"Having heard the explanations of the parties the Court has concluded
that the appeal is inadmissible."
McLaren's appeal ultimately failed because it was, according to the sport's
regulations, inadmissable. The FIA ruled that because the punishment imposed
was a retrospective “drive-through” penalty, rather than a simple time
penalty, it was not contestable.
Mark Phillips, QC, the McLaren lawyer, attempted to convince the court that Hamilton had been given a time penalty. But Paul Harris for the FIA was on stronger ground when he argued that the stewards had imposed a time penalty only because it was applied within five laps of the end of the race.
However, Harris pointed out that in the document giving notice of the stewards' decision, it was clearly noted that they were imposing a “drive-through” penalty.
The incident happened two laps from the end of the 44-lap race when Hamilton cut a chicane, briefly gaining an advantage on Raikkonen. Although the 23-year-old immediately allowed Raikkonen to regain his lead, Hamilton surged past the Finn at the subsequent hairpin before going on to victory.
However, within minutes of the race concluding, the race stewards confirmed they had launched an investigation, before delivering their verdict two hours later. Niki Lauda described the decision as "the worst decision in the history of the Formula One" and McLaren immediately launched an appeal.
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A terrible decision but then doesn't FIA stand for "Friends of Italian Autos" so the result is not surprising.
Mike Cloke, Hartley Wintney, England
In the 2007 Brazilian GP BMW and Williams were found to have pumped fuel into the cars below the minimum temperature allowed in the Regulations, a clear rule breach. The stewards chose not to apply a penalty. Why? Because it would have handed Hamilton the championship. They've been corrupt for ages.
Neil, Brentwood, UK
There is a very very bad smell and its just not going away....can all those fans and regular patrons of F1 be wrong and the FIA be right, well yes when you can whitewash anything to get the result you want, Its like watching Monty Python, without the humour..
Stephen Dutton, Gold Coast, Australia
The worst of Ecclestone's/Moseley's behaviour is that they run F1 as if it were their personal game to play--let's tweak things this week to make the results come out the way we want. They have no sense of responsibility for the good of the sport. I don't think they have it in them to be ashamed.
Peter, London, Ontario, Canada
A F1 DRIVER OVERTOOK IN A RACE!!! I know its hard to believe, but how dare Lewis do this, he knows that Massa was the rightful winner and clearly the fastest driver in SPA. Its Lewis's fault for making Kimi go so fast that he crashed!!! Via the days of Ascari Fangio Clark Rindt Villeneuve Senna...
clive, addlestone, uk
It seems that the FIA are prepared to invent decisions to prevent a British team from success, A *Most Unreasonable Decision" from the FIA. if contested in a properly constituted court I am sure the the appeal would have been allowed.
A most dishonest way of deciding a Grand Prix result.
mike , Gillingham , Kent
Am I alone in remembering Michael Schumacher being given a stop go penalty within 3 laps of the end of a race and MS taking the stop go once he had won the race... and keeping his win.
Now what colour was MS's car ... oh red I believe - double standards galore here ... very sad for us fans
Joe
Joe, Kiev, Ukraine
Bit of a joke really isn't it.
Pete, Edinburgh,
I can only echo Alastair in Alicante's sentiments. F1 is truly a sport that can now only be enjoyed by the young, the naive and the idiotic, because the rest of us who have followed it for any length of time are now so calloused and cynical that nothing surprises us any more. A real shame. RIP F1
Jon, Belfast, uk
It would seem very clear that the FIA are not interested in Justice, but in ensuring that there decisions are final, right wrong or otherwise. The reason for a drive-thru penalty not being subject to appeal, is because normally, by serving your drive-thru penalty you effectively accept it!!!
John Beckmann, Brentford, UK
The incident happened two laps from the end of the 44-lap race when Hamilton cut a chicane, briefly gaining an advantage on Raikkonen. Although the 23-year-old immediately allowed Raikkonen to regain his lead,
Says it all really, so why the penalty? Are darker forces at work here?
Jurgen, St Maixent sur Vie, France
why do we bother with a biased sport.
hope ferreri are proud of how they win competitions!
wont bother with the grand prix in singapore, no point.
i see both arguments however we all know who pulls the strings makes me see red!
David Andrews, Colchester, England
FIArrari collude to pervert justice. In Court (!) Ferrari claimed the: drive-through penalty imposed is not susceptible to appeal; Stewards' decision was justified, & LH would not not have been able to overtake Mr Räikkönen; appeal wasn't lodged within the time limit = Ferrari's reputation damaged!
Tony, Nice, France
A corrupt decision. A corrupt sport. We all know it. I'm not sure why any of us even bother to get upset by it anymore. This decision was as predictable as American golf fans screaming "Get in the hole" during the Ryder Cup.
Scott M, London,
Can the FIA please tell me which red car they want to win next year and then I need not bother to watch. Well, don't worry, I don't watch F1 now anyway.
Mic Comber, Gaviao, Portugal
lets all hope he wins the champonship then he can tell the FIA to go Swivel, since they appear to be very much 1 sided (i.e. Ferrari are great)
mark, london, uk
Why not decide the entire champoinship in the FIA offices in Paris? I'm sure millions will tune in every two weeks to watch the legal teams competing in the white-knuckle ride that is the FIA appeals court...Pathetic, the FIA lawyers have missed the point entirely, what happened to sport?
patrick gunning, norwich, uk
Rigged, Rigged, Rigged!!!!!!
If the appeal was inadmissable, why were they there in the first place? Waste of time.
Do I care? Yes I bloody well do. I had money on Hamilton to win that Grand Prix and I have him at 4/1 to win the Championship. Hope Singapore is a disaster of a Grand Prix!!!
Jim, Berlin, Germany
Yes!!!
Kara, London,
FIA finds against McClaren shocker...
Mark, Birmingham, UK
Quite logical as a decision in itself, although you have to say that it seems pointless to spend hours on whether an advantage was gained before the decision had been made as to whether the case was admissible. The other problem is that a strong perception of unfairness remains.
Matt, Bristol,
Hamilton gained an advantage in Belgium, video footage shows he accelerated through the chicane. he did not try to avoid a collision or slow down, that is why he was ahead of Raikkonen. Clear advantage and I am supporting Hamilton! Kimi should have slowed down and allowed Hamilton to continue.
Jay Khan, Northampton, England
Gutted. I've been following F1 since the early 70s, watched every race live, travelled to at least 2 GPs per season, but enough's enough. I'm sick of the anti-McLaren / pro-Ferrari bias which has emerged in the sport over the past decade, the pathetic FIA, Mosley and Ecclestone. I'm done with it.
Alastair, Alicante, Spain