“The Pirelli test was not a test undertaken by Mercedes. It is
irrefutable it was a test undertaken by Pirelli.”
Harris said that as the test was organised, paid for, and run by Pirelli,
Mercedes cannot be ruled to be in breach.
He added that this view was backed by the FIA’s own lawyer, Sebastien Bernard,
who advised that Mercedes could indeed run their 2013 car as, for the
purposes of the Pirelli test, it would not be judged a competitor’s car.
Harris cited an email from the FIA’s race director Charlie Whiting to Bernard
on May 3 saying: “In my view any such testing would not actually be
undertaken by competitors, it would be/could be argued that it was done by
Pirelli. Would we be able to take this position?”
Bernard replied: “Indeed we could take this position… [it is] not an
undertaking from the competitor.”
Mercedes contend that they did the test to help the sport gain a greater
understanding of Pirelli’s tyres in order to make them safer for everyone. “We
had safety concerns,” Harris said, “as did our drivers, as did
other teams.”
Mercedes said they regretted the fact that their drivers, Lewis
Hamilton and Nico Rosberg, wore anonymous black helmets when driving
at the test.
They said that they did so in order to minimise the need for security. “We
acknowledge this aspect was bound to raise suspicion and this is regrettable,”
Harris said.
Mercedes reiterated that they did not gain any performance advantage from
running the 2013 car, although under cross-examination team principal Ross
Brawn conceded it was “unavoidable” that the team should learn
about the safety and functionality of the car.