Formula One’s governing body cast fresh doubt over McLaren’s title hopes on Tuesday by sending to appeal a controversial ruling in a ”spy saga” involving that team and Ferrari.
Max Mosley, president of the International Automobile Federation (FIA), agreed in a letter to the head of the Italian Automobile Club’s motorsport commission that the matter should go to the Appeal Court.
An FIA spokesperson said the hearing was likely to be in Paris at the end of August with leaders McLaren facing the same sanctions as before — including potentially being kicked out of the championship.
McLaren, with 22-year-old British rookie Lewis Hamilton two points clear of double world champion teammate Fernando Alonso, lead Ferrari by 27 points with seven races remaining. The next grand prix is in Hungary on Sunday.
Luigi Macaluso, the ACI-CSAI president, wrote to Mosley on Monday calling into question the World Motor Sport Council’s decision not to impose any penalty on the Mercedes-powered team.
The verdict of last Thursday’s hearing in Paris was particularly controversial because McLaren were found to have broken the rules governing fraudulent conduct by having unauthorised possession of Ferrari information.
”We fear that the decision of the World Motor Sport Council could create a precedent which, at this level of the sport and stage of the competition, would be highly inappropriate and detrimental for the sport,” wrote Macaluso.
He pointed out that Ferrari, who were not allowed to make an appeal in their own right, were unable to present their side of the story at the last hearing.
”We deem it appropriate that Ferrari [directly or through ourselves] enjoys full rights of due process which would be the case in accordance with the rules applicable in front of the International Court of Appeal,” added the Italian.
Mosley, in a reply published on the FIA’s website, agreed.
”Your letter suggests that the outcome may have been different if the council had given Ferrari further opportunities to be heard beyond those that were in fact offered,” he said.
”Because of this and the importance of public confidence in the outcome, I will send this matter to the FIA court of appeal under article 23.1 of the FIA statutes,” he added.
Mosley said he would request the court hear both Ferrari and McLaren and ”any other championship competitor who so requests” to determine whether the first decision was appropriate.
If not, he added, they should ”substitute such other decision as may be just”. — Reuters