Briatore to sue FIA over F1 ban
Discussion
Is it all bluff and bluster ?
God I hope not, would love to see what the outcome would be.
http://news.bbc.co.uk/sport1/hi/motorsport/formula...
Former Renault team boss Flavio Briatore is to launch legal proceedings against motorsport's governing body the FIA to overturn a ban imposed on him.
Regards
TJ
God I hope not, would love to see what the outcome would be.
http://news.bbc.co.uk/sport1/hi/motorsport/formula...
Former Renault team boss Flavio Briatore is to launch legal proceedings against motorsport's governing body the FIA to overturn a ban imposed on him.
Regards
TJ
CampDavid said:
He has them pretty much stuffed on that. Legally the ban on him is plain wrong
Surely any organising body can ban someone if they can prove gross misconduct and in this case extremely unsporting behaviour? Unless you mean it is not proven as such? You must remember, this is not an accountant that may lose his professional accreditation but still do bookeeping or accountancy, these motorsport teams have FIA reps involved with them every single day, monitoring what they do, development wise etc. So not only would they know if he did start working for a team again, maybe they have a morale right to not want him there, again if it is proven that he was so deceiptful?
What Flav and co clearly did was cheat and cheat in a very cynical way. Although they are by no means the first, maybe a harsh punishment is what the sport needs??
Edited by poo at Paul's on Sunday 18th October 19:52
poo at Paul's said:
CampDavid said:
He has them pretty much stuffed on that. Legally the ban on him is plain wrong
Surely any organising body can ban someone if they can prove gross misconduct and in this case extremely unsporting behaviour? Unless you mean it is not proven as such? Mark Webber has already gone on record as saying that there is no person other than Briatore whom he wants as his manager. By forbidding Webber from having the manager of his own choice, in a matter that has nothing directly to do with the FIA, they are restraining trade and, in Webber's opinion, harming him.
poo at Paul's said:
CampDavid said:
He has them pretty much stuffed on that. Legally the ban on him is plain wrong
Surely any organising body can ban someone if they can prove gross misconduct and in this case extremely unsporting behaviour? Unless you mean it is not proven as such? You must remember, this is not an accountant that may lose his professional accreditation but still do bookeeping or accountancy, these motorsport teams have FIA reps involved with them every single day, monitoring what they do, development wise etc. So not only would they know if he did start working for a team again, maybe they have a morale right to not want him there, again if it is proven that he was so deceiptful?
What Flav and co clearly did was cheat and cheat in a very cynical way. Although they are by no means the first, maybe a harsh punishment is what the sport needs??
I’m not, in any way, defending Flav, Symonds and especially not Piquet, but the FIA’s procedures would appear to be challengeable on one particular point of procedure: Flav has not been charged (issued with details of an offence) because it was not his name on the charge sheet. It was Renault F1. So how can he be punished?
Further, there has been no hearing as such. All that has happened is that Renault F1 has said that they will offer no evidence in their defence. Part of their mitigation was that they were ignorant of the conduct of the two highest ranking persons in their team. The FIA took this into consideration and in essence didn’t punish them.
You could argue for vicarious liability but, and it is a big but, there has been no challenge to any of the statements given to the hearing.
It is one thing to say that Flav, Pat and Piquet cheated, but it is another to punish them so severely without giving them some procedure to defend themselves. By charging Renault F1, Flav has no real method of defence.
I’ve had some experience of such matters from both sides of the table and I can say that the internal rules of the company has little relevance. You must follow what the judges have, in their wisdom, decreed as a law.
Whilst I do not know the ins and outs of this matter, from my knowledge of the procedure, you’ve got to give the bloke you punish some chance to answer the charges. Flav, from what I can see, was not, obviously so as he wasn’t charge. Renault, but not challenging the charge against them, in effect gave Flav a route to challenge.
Rumour has it, and from no lesser personage than George Carman, although I accept his actual ranking is in dispute, that the FIA is not a stickler for the minutiae when it comes to following procedures.
poo at Paul's said:
CampDavid said:
He has them pretty much stuffed on that. Legally the ban on him is plain wrong
Surely any organising body can ban someone if they can prove gross misconduct and in this case extremely unsporting behaviour? Unless you mean it is not proven as such? I very much doubt in the cold light of a law court this could be done....
Scuffers said:
poo at Paul's said:
CampDavid said:
He has them pretty much stuffed on that. Legally the ban on him is plain wrong
Surely any organising body can ban someone if they can prove gross misconduct and in this case extremely unsporting behaviour? Unless you mean it is not proven as such? I very much doubt in the cold light of a law court this could be done....
Also, cheating is a very, very strong term. Did he cheat? Is knowing about the plan and doing nothing "cheating". It could be argued that the act of cheating was perpitrated by Piquet and Symonds alone as Flav needed only to sit back and let it happen. Other than the words of people within the team there's no tangible evidence against him
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