MOTORSPORT UPDATE Renault given suspended F1 ban. Briatore and Symonds banned.
Tuesday 22nd September 2009Following the extraordinary meeting of the FIA World Motor Sport Council (“the WMSC”) that was held in Paris on 21 September 2009, the WMSC have confirmed that the Renault F1 team will receive a two year suspended ban from the sport for its part in ordering Nelson Piquet Jr to crash at the Singapore Grand Prix in 2008. Flavio Briatore received an unlimited ban and Pat Symonds a five year ban from all FIA events
Renault
The Renault team had chosen not to defend the charges against it and had parted company with Team Principal, Flavio Briatore, and Director of Engineering, Pat Symonds, in the build up to the hearing.
Renault further confirmed at the hearing that it had conducted a detailed internal investigation into the incident and had found that Briatore, Symonds and Piquet Jr had conspired to cause a crash at the 2008 Singapore Grand Prix but that no other team member was involved.
The FIA confirmed that its own investigation had reached the same conclusions as Renault.
The WMSC accordingly decided that Briatore, Symonds and Piquet Jr had conspired to cause a crash and that Renault, because of its responsibility for the actions of its employees under Article 123 of the International Sporting Code, had breached Articles 151(c) and point 2(c) of Chapter IV of Appendix L of the International Sporting Code and Articles 3.2, 30.2 and /or 39.1 of the Formula One Sporting Regulations.
In delivering its verdict, the WMSC held that Renault’s actions during the Singapore Grand Prix were of “unparalleled severity” that not only “compromised the integrity of the sport” but also “endangered the lives of spectators, officials, other competitors and driver Nelson Piquet Jr”.
The WMSC confirmed that Renault's actions "merit permanent disqualification from the FIA Formula One Championship", however, the penalty that it handed down reflected the following points which were raised by Renault in mitigation and "in particular the steps taken by Renault F1 to indentify and address the failings within its team and condemn the actions of the individuals involved". The WMSC stated that:
- Renault had accepted, at the earliest practicable opportunity, that it committed the offences with which it was charged and cooperated fully with the FIA’s investigation;
- it had confirmed that Mr Briatore and Mr Symonds were involved in the conspiracy and ensured that they left the team;
- it apologised unreservedly to the FIA and to the sport for the harm caused by its actions;
- it committed to paying the costs incurred by the FIA in its investigation; and
- Renault (the parent company to Renault F1) committed to making a significant contribution to FIA safety-related projects.
The WMSC, in noting Renault's apology, confirmed that Renault must pay the costs of the investigation and also make its promised significant contribution to the FIA's safety-related projects.
Flavio Briatore
The WMSC imposed an unlimited ban on Flavio Briatore for his part in the incident because of his continuing denial of any involvement in the matter despite the evidence that was uncovered during the investigations into Piquet's crash suggesting otherwise.
The WMSC, in fact, ruled that for an unlimited period:
- the FIA does not intend to sanction any International Event, Championship, Cup, Trophy, Challenge or Series involving Mr Briatore in any capacity whatsoever, or grant any license to any Team or other entity engaging Mr Briatore in any capacity whatsoever;
- Briatore will not be permitted to attend any areas under the FIA’s jurisdiction at FIA sanctioned events; and
- the FIA will not renew any super licence granted to any driver who is associated in any way (through management contract or otherwise) with Mr Briatore.
Briatore is also involved in the GP2 Championship, which is the feeder series for F1 and was likely to be involved in the new GP3 series next year.
Pat Symonds
Pat Symonds received a five year ban on similar terms to that handed down to Briatore (except in relation to the management of drivers)
The fact that Symonds had accepted his role in the conspiracy and expressed in front of the WMSC "eternal regret and shame" for his involvement in the incident appears to have led to his penalty being less severe than that imposed on his former boss.
Nelson Piquet Jr
Piquet Jr escaped any penalty whatsoever as the WMSC confirmed the immunity that he had been offered in return for providing full details of the incident to the FIA.
Fernando Alonso
The WMSC concluded that Alonso, who was called to appear at the Paris Hearing, was not in any way involved in the incident.
Legal Comment
Although the decision to impose a suspended ban on Renault F1 is not surprising given the position adopted by Renault before and during the hearing, the severity of the punishment handed out to Symonds, and, in particular, Briatore, highlights the extremely tough stance that the WMSC has taken in relation to what some commentators have described as the worst case of cheating in F1 and, possibly in sport in general.
The WMSC clearly viewed Briatore and Symonds’ actions as more than just foul play and it is possible that even though both men have been punished severely by the judicial arm of the sport’s governing body, that matters will not end with the WMSC’s verdict.
The decision has far reaching consequences for any drivers, teams or Championships linked with Briatore, who will now be forced to formally terminate any contractual relationship that they might have with him.
It is conceivable that both Briatore and Symonds may also face the threat of criminal charges in Singapore in respect of endangering the lives of others for their part in the crash. Also, will French car giant Renault pursue its former employees for damages for bringing its name into disrepute?
For Briatore, the decision will surely also call into question his joint ownership of Queens Park Rangers football club. Under the Football League's rules, it is possible to ban those who have been disqualified by another sporting body under its fit and proper persons test.
It remains to be seen whether either Mr Briatore or Mr Symonds will challenge the WMSC ruling with an appeal to the Court of Arbitration for Sport ("CAS") looking like their only realistic option.
Will Ferrari and its driver, Felipe Massa, mount a legal challenge in relation to the result of last year's Singapore race? For example, it could be argued that any points awarded to any drivers and teams because of their final positions at that Grand Prix should not have counted towards the 2008 Drivers and Constructors Championships, which would mean that Massa and not Britain's Lewis Hamilton should have actually been crowned the 2008 F1 Driver's Champion. Massa having lost the title to Hamilton by a solitary point.
Massa had qualified on pole and was leading the Singapore Grand Prix before the chaotic pit stops that followed Piquet's crash which left him in 13th position. Hamilton, however, finished in 3rd place and accordingly received 6 points. If the result of the Singapore Grand Prix was discounted, then Massa would have won the title by 5 points.
In the aftermath of the recent “Bloodgate” affair and UEFA’s initial decision to ban the Arsenal footballer, Eduardo (now overturned on appeal) following the penalty decision that helped Arsenal progress into the group stages of the European Champions League at the expense of their British rivals, Celtic, “Crashgate” has once again focussed media attention on the sporting world for the wrong reasons.
Given recent events, it would seem that sport's increasing commerciality and the huge financial and reputational rewards for success have lead some of those involved in sport to decide that they must win at all costs even, as in the case of Crashgate, when it endangers the life of partcipants, officals and spectators. The message sent out by the WMSC is a clear one. Motorsport's regulators have now added their voice to rugby's law makers on the issue of cheating. It remains to be seen which sport will be next?
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Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
