Mercedes’ rivals are adamant that the Brackley team, contrary to their protestations,
spied an opportunity to cheat and derived a clear advantage from the
three-day test.
The FIA’s sporting regulations clearly state that using a current car to test
is outlawed, but the situation is complicated by the fact that the governing
body has a separate supplier contract with Pirelli, which allows them to do
1000km tests with current teams using a “representative car”. Today’s
hearing will have to determine whether the Sporting Regulations supersede
Pirelli’s supplier contract.
To make matters more intriguing, Mercedes are believed to have written permission
from the FIA’s race director Charlie Whiting – acting on the guidance of the
FIA’s lawyers in Geneva – clearing them to use their 2013 car.
The lines of communication between Brawn, who has taken full responsibility
for Mercedes’ actions, Whiting and Pirelli will undoubtedly be closely
examined.
We could have a situation whereby the tribunal finds the FIA itself culpable.
This, at least, would prove the independence of Todt’s disciplinary system.
Indeed, there are suggestions the Frenchman would not be displeased by the
opportunity to get shot of Whiting, who is seen as Ecclestone’s man,
although it would be an extremely risky move by Todt to take on the sport’s
CEO in election year.
Any sanctions imposed – and they could be anything from a simple fine, to a
points deduction, to disqualification from the championship – are almost
certain to be contested. Mercedes, for whom Brawn has taken full
responsibility, would surely appeal. As for Pirelli, they do not believe
they are even obliged to turn up today [Thurs] and are positively chomping
at the bit to take the matter to a civil court.
Pirelli are using the same lawyer, Dominique Dumas, who represented former
Renault chief engineer Pat Symonds in the Paris High Court in 2009 when he
had his ‘Crashgate’ ban overturned.
It is believed a verdict is unlikely until tomorrow [Fri] morning.