He also presided over a corruption trial involving Siemens, the German
multinational, and these cases are his speciality.
The prosecutors have also been buoyed by a significant recent victory. This
year they successfully brought a case for tax fraud against Uli Hoeness, the
former Bayern Munich president. Evidently, no fish is too big to fry.
Furthermore, the 256-page indictment, which paints Ecclestone as a man
desperate to retain control at all costs, is incredibly thorough. They have
spent nearly two years since Gribkowsky’s conviction preparing the case.
Second, there is the stance of Donald Mackenzie, CVC’s co-chairman. He rarely
makes any public pronouncements, but he told the High Court last year that
Ecclestone would be fired if he is found guilty of criminal wrongdoing.
Although Ecclestone denied he was considering a plea bargain when he spoke to
Telegraph Sport last week, such a course of action could muddy the waters
further for Mackenzie, but it is difficult to see how he could survive after
an admission of guilt. Regardless, the opinion of Mr Justice Newey in the
High Court that Ecclestone had paid a bribe, and was an “unreliable
witness”, already makes him damaged goods when it comes to any potential
public flotation of the sport, which still remains CVC’s ultimate aim. It is
understood that legal advice has been given to the board – on which
Ecclestone no longer sits – saying as much.
What the trial means for Formula One in general, however, is less clear. Over
the next five months it will mean a flurry of unwelcome headlines,
particularly after the controversy surrounding the new rules.
Mackenzie is likely to be called as a witness once more, and while a source
close to the CVC board acknowledges that they are comfortable with
Ecclestone’s “colourful” side, and all the baggage that brings, this is not
normal territory for a private equity firm.
It is understood that several possible successors have been approached –
Christian Horner, Red Bull’s team principal, has emerged as the favourite –
but it is unknown whether anyone might be able to fill Ecclestone’s breach.
Among the teams themselves, the uncertainty surrounding the trial could
precipitate a scurrying for position and power. As Mark Gallagher,
Cosworth’s former general manager, puts it: “I don’t think there will be the
expected earthquake if Bernie is forced to move aside. But if people take
the opportunity to use the situation to further their own interests, then
that’s where things could become chaotic.”
There can be little denying Ecclestone’s impact on the sport. Formula One is
largely shaped in his image, after all. But from today in Munich his way of
conducting business is on trial almost as much as the man himself.
Simply due to the passage of time – Ecclestone is 83, remember – as well as
the trial, F1 has moved into a transitional phase. It is heading nervously
for the post-Ecclestone era. Rightly or wrongly, the verdict in Munich will
have no small outcome on how that era is remembered.