Crashgate brings the downfall of Briatore and Symonds but what now for Renault, QPR and sport in general?

Friday 18th September 2009

In the build up to Monday's "Crashgate" hearing before the Fédération Internationale de l'Automobile ("FIA") World Motor Sport Council ("WMSC") the ING Renault F1 Team has announced that its Team Principal Flavio Briatore, who is one of the most successful and colourful characters in F1, and its Director of Engineering Pat Symonds, have both resigned with immediate effect.

Renault Chief Operating Operator Patrick Pelata has reportedly told French radio station RTL that Briatore resigned as he considered that he was “morally responsible” and that Renault “….don’t want a fault by two people to reflect upon the whole company and the entire Formula 1 team”.

Briatore himself has been quoted in the press as saying that he resigned in order to save the team.

Renault clearly hopes that his and Symonds’ departures will serve to temper any punishment meted out by the WMSC at Monday's hearing.

The Renault team has also confirmed that it will not be contesting the charges brought against it by the FIA, which include breaching Article 151c of the FIA International Sporting Code ("ISC").

Article 151c of the ISC states that:

"Any fraudulent conduct or any act prejudicial to the interests of any competition or to the interests of motor sport generally"

will be considered to be a breach of the ISC.

The penalties for such a breach include, but are not limited to, a fine, suspension, exclusion or disqualification.

The FIA’s investigation has centred on allegations made by ex Renault driver Nelson Piquet Jr that the Renault team "conspired with …[him]… to cause a deliberate crash at the 2008 Singapore Grand Prix with the aim of causing the deployment of the safety car to the advantage of …[his team mate]… Fernando Alonso".

The FIA investigation of Piquet's allegations has included not only interviewing the key dramatis personae but also examining the Renault team's telemetry data and radio communication recordings.

Ferrari driver, Felipe Massa, who lost the 2008 F1 drivers Championship by a solitary point, had qualified on pole and was leading the race in Singapore at the time of Piquet’s crash. Massa eventually finished in 13th place because of the mass pit stop that followed the introduction of the safety car after Piquet had hit the wall. This resulted in chaos in the Ferrari pit and a fuel hose being left attached to Massa’s car as he pulled away from his pit stop. Lewis Hamilton, who won the 2008 title, finished in 4th place.

Despite the sacrifice of both Briatore and Symonds, because the charges have been brought against the Renault team, and not its former team principal and director of engineering, and as Renault have confirmed that it will not be seeking to defend its position at next Monday's hearing (presumably in a move designed to seek clemency from motor sport's regulators) the team could, if found guilty by the WMSC, still face a harsh financial penalty. In addition, the team may also be docked points as well as being suspended, excluded or disqualified from the Formula 1 Championship.

A ban from the sport could result in up to 700 Renault employees losing their jobs. The WMSC will no doubt have this in mind when handing down any punishment if the case against Renault is proven.

However, as Briatore's and Symonds' heads have rolled and Renault has effectively put its hands up, it is probable that Renault will, if found guilty, escape a ban and will instead face a fine and/or possible suspension.

In the circumstances, it is unlikely that any fine that the team receives will be as punitive as the $100 million fine imposed on McLaren Mercedes when it was found guilty in 2007 of using technical data that was stolen from Ferrari. The key difference being that McLaren had repeatedly denied those allegations.

Following the stance taken recently by the European Rugby Cup (“ERC”) with Dean Richards, the ex-England and British Lions Number 8 and former director of Rugby at Harlequins, and the ex-England and Harlequins physio, Steph Brennan, it is conceivable that if Renault are found guilty next Monday then the WMSC could impose a lengthy ban on both Briatore and Symonds. This could prevent either of them from participating in any form of motor sport for a significant period of time.

If the WMSC decide to ban Briatore and Symonds then this would obviously have financial and reputational consequences for both of them. A ban could be particularly disastrous for Briatore, previously one of the major voices in the Formula One Teams Association (FOTA) and mooted in some quarters as a possible successor to Formula One supremo Bernie Ecclestone, as he is involved in the management of a number of current F1 drivers. The terms of any ban could clearly impact on Briatore's ability to represent those individuals on an ongoing basis.

Furthermore, Briatore’s co-ownership of Coca Cola Championship Football Club QPR may conceivably be jeopardised if the FIA decide to ban him from motor sport as he could then fall foul of the Football League’s ‘fit and proper persons’ test’.

The Football League introduced the ‘fit and proper persons’ test’ in 2004 as part of a move to clean up the game. Under the test an individual cannot be a director or hold a majority interest in a League club if he or she:

1. Is subject to a ban from a sports governing body relating to the administration of that sport.

2. Has an unspent conviction relating to fraud or dishonesty.

3. Is disqualified from acting as a director of a UK registered company.

4. Is currently subject to a bankruptcy order.

5. Has been a director of a club that has been in administration twice during a five-year period or a director of two different clubs that have each gone into administration in a five-year period.

If Briatore is banned by the WMSC, then he could automatically fail the Football League’s ‘fit and proper persons’ test’ and could be disqualified from either being a director or having a controlling interest in a football club and therefore would be unable to continue in his current role at QPR

If Briatore were ousted would Bernie Ecclestone and Lakshmi Mittal, both of whom have invested heavily in the Club along with Briatore, decide to throw the towel in as well?

Monday’s decision could, therefore, have serious consequences for QPR as well as Briatore, Symonds and Renault.

The FIA previously offered immunity not only to Nelson Piquet Junior but also Pat Symonds if he came clean and disclosed the full facts relating to the Renault teams performance at last year's inaugural Singapore Grand Prix. The stance taken by the FIA was clearly designed to apply maximum pressure on Briatore in the build up to Monday's hearing and ultimately resulted in both Briatore and Symonds parting company with Renault. Symonds had refused to be drawn during questioning by the FIA and it was unclear until his resignation whether he would be seeking to benefit from the immunity being offered to him.

The FIA’s encouragement of whistle blowing mirrors the stance taken by the ERC independent appeals committee in rugby's Bloodgate saga when it decided to reduce Harlequin's wing Tom Williams’ ban from 12 months to four because of his assistance in disclosing information about Harlequins' and, more specifically, Dean Richards' and Steph Brennan’s involvement in the Bloodgate saga. The information provided to the ERC committee by Williams led to both Richards and Brennan resigning from their posts at Harlequins and also receiving lengthy worldwide bans from rugby.

It is interesting to note that in the wake of the Bloodgate saga not only have Harlequins set up an internal whistle blowing policy, but the Rugby Football Union (RFU) has itself launched its own whistle blowing hotline. This was set up following the first meeting of its “Image of the Game” task force, which includes former England internationals Lawrence Dallaglio and Rob Andrew, and was set up in an effort to repair the game’s image following the Bloodgate and drug taking scandals that have hit the headlines over the summer. A short questionnaire has been circulated by the Professional Rugby Player’s Association to all of its members “to offer players the opportunity to disclose evidence of inappropriate behaviour in the game in return for winning immunity from disciplinary sanction.”

Premier Rugby and the RFU will make similar contact with all coaches, medics and administrators. The RFU whistle blowing policy will apply to all areas of the game except allegations of recreational drug taking.

The offering of immunity or clemency to individuals involved in incidents of alleged cheating in sport will surely continue to be a useful tool deployed by regulatory bodies seeking to clean up their respective sports.

It remains to be seen whether the FIA will now follow the RFU's lead.

Following hot on the heels of the Bloodgate saga, the sanctions recently imposed by FIFA on Chelsea concerning the club's involvement in Gael Kakuta’s transfer from Lens Football Club, and the Caster Semenya affair, Crashgate is another example of sports' darker side and has been an unwelcome distraction from what has been one of the most interesting F1 Championships for many years with the fight for the World Championship now looking like a straight race to the line between Brawn team mates Jenson Button and Rubens Barrichello.

Simon Barnes writing in The Times on 17 September 2009 has described Crashgate as “the worst single piece of cheating in the history of sport”.

Motorsport is acknowledged to be a dangerous sport. Two serious crashes have already taken place this year which have tragically claimed the life of Henry Surtees, the son of former F1 World Champion, John Surtees, and left Felipe Massa with a fractured skull.

If Renault is found guilty of ordering one of its drivers to deliberately crash in order to benefit his team mate with full knowledge of the inherent risks to that driver, other drivers, race marshals and spectators, then it would be hard to disagree with Mr Barnes’ comment.

Even if Renault are not banned from F1, the French car giant may ultimately decide that it is time to terminate its involvement in F1 given the damage that the Crashgate scandal has already caused to its reputation. If the team were put up for sale there would surely be a number of potential buyers, especially given the number of teams that tried (and failed) to secure a place on the grid for the 2010 F1 Championship, including, of course, David Richards’ Prodrive outfit.

Richards, of course, replaced Briatore as team Principal of the Benetton F1 Team (now Renault) in 1997, and he and Alan Prost are already being mooted in the press as possible replacements for Briatore at Renault.

The WMSC decision could also have wider implications in that it could force the hand of 2009 Championship challengers Red Bull as far as its future engine plans are concerned. Red Bull is currently in the process of deciding whether to continue to use Renault engines or switch to Mercedes in 2010. If Renault were banned then Red Bull would have no option but to move to another engine supplier.

The 700 or so Renault employees based at the Renault team’s facilities at Enstone in Oxfordshire and Viry-Chatillon in Paris, the world of motor sport, QPR fans and the sports world in general awaits WMSC’s decision with baited breath.

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