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Post by QPR Report on Oct 18, 2009 15:12:37 GMT
BBC
Briatore to sue FIA over F1 ban Briatore is fighting his indefinite ban from motorsport Former Renault team boss Flavio Briatore is to launch legal proceedings against motorsport's governing body the FIA to overturn a ban imposed on him.
The Italian was penalised for his role in Renault's attempt to fix last year's Singapore Grand Prix by asking driver Nelson Piquet Jr to crash deliberately.
The FIA has indefinitely banned Briatore from events it sanctions and forbade him from managing drivers.
Briatore said the "FIA has been used as a tool to exact vengeance on one man".
In a statement, the 59-year-old Italian described the penalty against him as a "legal absurdity", adding: "I have every confidence that the French courts will resolve the matter justly and impartially".
The FIA did not punish Renault after it decided not to contest the charges of fixing the race.
Piquet's crash led to a safety car period, which promoted his team-mate Fernando Alonso to a position from which the Spaniard was able to win the race despite starting 15th on the grid.
An internal investigation by Renault found Briatore and former engineering director Pat Symonds guilty of organising the fixing attempt.
The FIA gave Renault a ban from F1, suspended for two years, and instead decided to punish Briatore and Symonds, who has been banned from FIA-sanctioned events for five years.
Briatore's statement accused the FIA of a "deliberate breach of the rights of the defence", a "breach of the rules of natural justice" and a "manifest excess and abuse of power".
It added that: "Flavio Briatore intends to obtain an order from the court quashing the FIA's decision insofar as it relates to him, together with an order, subject to a penalty for non-compliance, requiring the Federation to withdraw any penalty imposed on him. He is also seeking damages and official publication of the court's decision."
The FIA tried to impose a similar ban on the two men at the heart of the McLaren spy scandal in 2007, only for president Max Mosley to later admit that its lawyers had advised him the ban was probably not enforceable.
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Post by QPR Report on Oct 18, 2009 15:18:59 GMT
AFP
AFP - Briatore takes FIA to court over life ban - PARIS — Former Renault chief Flavio Briatore announced on Sunday he was taking legal action challenging the life ban he received from the FIA for his role in the Nelson Piquet junior crashgate affair. - In a statement Briatore described last month's punishment as "a legal absurdity" and expressed confidence that the High Court in Paris would find in his favour and quash the FIA's ruling. - The flamboyant Italian stood down as Renault team principal in mid-September, days before motorsport's governing body kicked him out of Formula One for his role in ordering Piquet junior to crash at the 2008 Singapore Grand Prix to help fix the race for teammate Fernando Alonso. - Confirming a report that had appeared in a French Sunday newspaper Briatore said he was starting legal proceedings in the Paris Tribunal de Grande Instance (High Court) on Monday. - Spelling out the main grounds for his action Briatore listed the FIA's "deliberate breach of rights of the defence, a breach of the rules of natural justice and the FIA's manifest excess and abuse of power". - Briatore plans to challenge what he claimed was the FIA's lack of impartiality and the disproportionate and illegal nature of an indefinite boycott. - He added: "In this case the FIA has been used as a tool to exact vengeance on behalf of one man. - "This decision is a legal absurdity and I have every confidence that the French courts will resolve the matter justly and impartially." - Briatore, who is also seeking damages estimated in the French press at between 500,000 and one million euros, felt the full brunt of the FIA's disciplinary might in the September 21 hearing. - The inquiry also handed out a five year suspension to Renault chief engineer Pay Symonds while the team itself received a two-year suspended ban from the sport. - Alonso was cleared of any wrongdoing. - Briatore's ban for conspiring to fix the Singapore race was described at the time as excessive by F1 rights holder Bernie Ecclestone but was defended by FIA president Max Mosley. - Mosley, speaking after the Renault hearing, commented: "Briatore's problems were that he denied and continued to deny it even when it had become clear that he was implicated." - "He can no longer be associated with a team, with a championship. He can no longer get into the paddock of a FIA event. He can no longer be a driver's manager," added Mosley of Briatore who had management contracts with Alonso, Heikki Kovalainen, Mark Webber, Romain Grosjean and Piquet Jnr. - "It's sad to see a career end like that, but what else could we do?" added Mosley after the hearing.
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Post by QPR Report on Oct 18, 2009 15:20:39 GMT
Press Association Briatore bids to have ban quashed (UKPA) – 57 minutes ago Flavio Briatore will attempt to overturn his lifetime ban from motor sport on Monday by commencing legal proceedings against the FIA. The former Renault team principal was handed the suspension by the World Motor Sport Council for his part in the Singapore Grand Prix crash scandal of last year. "In this case, the FIA has been used as a tool to exact vengeance on behalf of one man," said Briatore in a statement. "This decision is a legal absurdity and I have every confidence the French courts will resolve the matter justly and impartially." Briatore is looking to obtain an order from the Tribunal de Grand Justice in Paris quashing the World Council's decision, as well as damages reported to be in the region of one million euros (£910,000). Briatore is claiming the grounds for his action relate to the FIA's apparent abuse of power and a breach of the rules of natural justice. www.google.com/hostednews/ukpress/article/ALeqM5jPfWN-Rs03Fo4Js9ec8h49BUke_QGrandPrix. com Briatore says he will sue FIA Flavio Briatore says that tomorrow he will commence proceedings in the Paris Tribunal de Grande Instance (High Court) challenging the decision announced by the FIA World Motor Sport Council on 21st September 2009. The principal grounds for this action are: The FIA‚Äôs deliberate breach of the rights of the defence FIA including ¬∑ the delay in the issue of the summons; ¬∑ the failure to state the charges in advance; ¬∑ the lack of access provided to prosecution documents and to the key witness; Breach of the rules of natural justice including ¬∑ the lack of impartiality of the body passing judgment; ¬∑ the secret negotiation of the decision content before the hearing; and ¬∑ the granting of selective immunities in order to build the prosecution‚Äôs case; The FIA‚Äôs manifest excess and abuse of power including ¬∑ the penalty imposed on a non-licensee of the FIA; ¬∑ the disproportionate and illegal nature of an indefinite boycott decision; and ¬∑ the threat to refuse to renew the FIA licence in breach of the Federation‚Äôs regulations and of the International Sporting Code. Flavio Briatore intends to obtain an Order from the Court quashing the FIA‚Äôs decision insofar as it relates to him, together with an Order, subject to a penalty for non-compliance, requiring the Federation to withdraw any penalty imposed on him. He is also seeking damages and official publication of the court‚Äôs decision. Flavio Briatore commented that ‚ÄúIn this case, the FIA has been used as a tool to exact vengeance on behalf of one man. This decision is a legal absurdity and I have every confidence that the French courts will resolve the matter justly and impartially‚Äù. It will be interesting to see the FIA's reaction. A complaint to the police in Singapore alleging fraud might be a suitable response, but it remains to be seen what the FIA will do. www.grandprix.com/ns/ns21933.html
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Post by FloridaR on Oct 18, 2009 15:21:38 GMT
;D And thereof it is construed as "legal absurdity" "legal absurdity" "legal absurdity"
Meanwhile that 9 mill a year wage loss will not cover the many people party to his rage.
He must have some money saved up, because its going to be a long one.
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Post by FloridaR on Oct 18, 2009 15:26:05 GMT
;D
Breach of the rules of natural justice including
the granting of selective immunities in order to build the prosecution
the lack of impartiality of the body passing judgment
I suppose this ones what its all about really ..
the penalty imposed on a non-licensee of the FIA
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Post by FloridaR on Oct 18, 2009 15:27:01 GMT
Is the clock still ticking with the F.A. ?
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Post by QPR Report on Oct 18, 2009 15:29:37 GMT
Well you see now why 'people' are backtracking re Briatore going!
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Post by QPR Report on Oct 18, 2009 15:30:36 GMT
To be clear this is actually Briatore's statementCrashnet - F1 » Briatore to challenge FIA lifetime ban Official: Flavio Briatore to commence proceedings against the FIA, F1's governing body. Flavio Briatore will start legal proceedings in Paris Tribunal de Grande Instance tomorrow as he bids to get the decision announced by the FIA World Motor Sport Council on September 21 thrown out. Briatore was handed a lifetime ban and outlawed from having any involvement in any FIA-sanctioned form of motorsport for an indefinite period, including driver-management, for his part in 'Singapore-gate', in which Nelson Piquet Jr deliberately crashed so that his team-mate Fernando Alonso could take the win. A statement put out by the former Renault F1 managing director today also added that he is seeking damages“In this case, the FIA has been used as a tool to exact vengeance on behalf of one man,” Briatore continued. “This decision is a legal absurdity and I have every confidence that the French courts will resolve the matter justly and impartially”. The full Briatore statement read:Flavio Briatore has confirmed that tomorrow he will commence proceedings in the Paris Tribunal de Grande Instance (High Court) challenging the decision announced by the FIA World Motor Sport Council on 21st September 2009. The principal grounds for this action are:The FIA's deliberate breach of the rights of the defence FIA including - the delay in the issue of the summons; - the failure to state the charges in advance; - the lack of access provided to prosecution documents and to the key witness; Breach of the rules of natural justice including - the lack of impartiality of the body passing judgment; - the secret negotiation of the decision content before the hearing; and - the granting of selective immunities in order to build the prosecution's case; The FIA's manifest excess and abuse of power including - the penalty imposed on a non-licensee of the FIA; - the disproportionate and illegal nature of an indefinite boycott decision; and - the threat to refuse to renew the FIA licence in breach of the Federation's regulations and of the International Sporting Code. Flavio Briatore intends to obtain an Order from the Court quashing the FIA's decision insofar as it relates to him, together with an Order, subject to a penalty for non-compliance, requiring the Federation to withdraw any penalty imposed on him. He is also seeking damages and official publication of the court's decision. www.crash.net/f1/news/153675/1/briatore_to_challenge_fia_lifetime_ban.html
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Post by FloridaR on Oct 18, 2009 15:35:44 GMT
Well you see now why 'people' are backtracking re Briatore going! it looks like it is....He got caught cheating & got banned for it..
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Post by cpr on Oct 18, 2009 15:40:01 GMT
French courts again, what about the action against the Piquets?
It'll drag on until Mosley's gone then get rescinded or shortened to sort the matey mates.
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Post by QPR Report on Oct 18, 2009 15:43:00 GMT
Wonder how Amit Bhatia and (Mr. Paladini) feel about this
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Post by cpr on Oct 18, 2009 15:47:56 GMT
I'm sure they are as wise as the majority of us and could see all this coming.
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Post by QPR Report on Oct 18, 2009 15:49:21 GMT
Not sure about that They were making noises about taking over. And then those voices were echoed elsewhere. And now? Who knows...
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obk
Dave Sexton
Posts: 1,516
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Post by obk on Oct 18, 2009 16:00:26 GMT
Good, this is as it should be. If the FIA has no clear evidence then Briatore will probably win and be in the clear. Personally I think he probably did order the crash, but the point is it shouldn't matter what people think or know if they can't prove it.
Therefore I think it is the correct decision by Briatore, will be interesting to keep following this "affair".
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Post by QPR Report on Oct 18, 2009 16:34:03 GMT
And this could go for weeks, months, years
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obk
Dave Sexton
Posts: 1,516
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Post by obk on Oct 18, 2009 17:37:09 GMT
Well that's "rule of law" for you, one of the cornerstones in a democracy. I wouldn't like to have it any other way. But, the system can be abused, especially if you have money (which shows that the system is not working 100% as intented).
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Post by Markqpr on Oct 18, 2009 18:03:20 GMT
Well that's "rule of law" for you, one of the cornerstones in a democracy. I wouldn't like to have it any other way. But, the system can be abused, especially if you have money (which shows that the system is not working 100% as intented). Just like democracy, it might not work but it's the best we can come up with! I thought he would wait until Max had gone, at least. Come on Flabio, son, play the game. Or you could save the money and just go. Please. Or have a word with Bernie and put the ticket prices back to where they should be, apologise for cheating and we will take it from there. Please. It's never too late to change and a lot more economical too!
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Post by QPR Report on Oct 18, 2009 18:46:56 GMT
He's OBVIOUSLY innocent - but I don't understand why he didn't himself at the time. And what exactly did happen then
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Post by QPR Report on Oct 18, 2009 18:47:51 GMT
The Guardian Flavio Briatore challenges his Crashgate ban with legal action against FIA• Former Renault chief takes case to French court • Italian calls suspension 'disproportionate and illegal' Richard Williams in São Paulo guardian.co.uk, Sunday 18 October 2009 Flavio Briatore, banned for life from motor sport after being found guilty of involvement in the Crashgate affair, will take legal action against the FIA, the international motor sports federation, in an attempt to challenge the suspension handed down last month for his part in the pre-arranged crash of Nelson Piquet Jr's Renault during the 2008 Singapore grand prix. A French newspaper, Le Journal du Dimanche, has carried details of the former Renault team principal's intention to take his claim against the FIA's World Motor Sports Council to the Tribune de Grande Instance, France's High Court. Should he succeed in overturning the suspension, the Football League will no longer need to consider whether the Italian's substantial shareholding in Queens Park Rangers constitutes a breach of their "fit and proper person" rule. The 58-year-old Italian is bringing his action on three grounds. The first accuses the FIA of breaching the rights of the defence by delaying the issue of the summons for an offence that occurred almost a year earlier, failing to state the charges in advance and denying access to prosecution documents and to the key witness. Second, alleged breaches of the rules of natural justice include the WMC's lack of impartiality, its "secret negotiation of the decision content before the hearing", and the granting of "selective immunities" in order to build a case against him. Piquet gave evidence to the WMC shortly after being fired by Briatore and provided details of the agreement between himself, Briatore and Pat Symonds, Renault's executive director of engineering, on the understanding that action would not be taken against him. In support of his claim that the verdict had been decided before the hearing, he is likely to draw the court's attention to a newspaper interview given by Mohammed Ben Sulayem, the president of the United Arab Emirates automobile club and an FIA vice-president, in which he said: "We did our negotiations before and everybody is happy with the result. The verdict is fair and everyone is a winner." Finally, Briatore lists the FIA's alleged abuses of its powers in the affair, including the imposition of a "disproportionate and illegal" indefinite boycott. A 20-year career in Formula One, which he entered at the invitation of the clothing manufacturer and former team owner Luciano Benetton, was brought to a sudden end by the ban. Symonds was given a five-year suspension from all forms of motor sport. "In this case, the FIA has been used as a tool to exact vengeance on behalf of one man," Briatore said in a statement. "This decision is a legal absurdity and I have every confidence that the French courts will resolve the matter justly and impartially." The ban on Briatore prevents him from attending any race sanctioned by the FIA and orders those drivers whose careers he supervises in a management capacity to sever their relationships with him. The most prominent of them, Fernando Alonso and Mark Webber, have indicated their dismay at the judgment. www.guardian.co.uk/sport/2009/oct/18/flavio-briatore-crashgate-legal-action
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Post by QPR Report on Oct 18, 2009 21:41:44 GMT
The Times October 19, 2009
Flavio Briatore ready to fight for his futureKevin Eason, Sports News Correspondent Flavio Briatore is ready to fight to save his career in sport by launching a multimillion-pound legal action against his lifetime ban from Formula One. The former Renault team managing director will start in the French courts, demanding damages from the FIA, Formula One’s ruling body, and a complete dismissal of its punishment. But a long legal battle, which could start today, will have repercussions in England, where Briatore, the Queens Park Rangers chairman, is being subjected to the Football League’s fit and proper persons test. Football might have to wait until Briatore resolves his argument with the FIA. The Italian is furious that he was found guilty of instigating “Crashgate”, where he was accused of ordering Nelson Piquet Jr to crash at last year’s Singapore Grand Prix to help his team-mate, Fernando Alonso, to win the race. Briatore claimed yesterday that the FIA’s judgment was “a legal absurdity” and used as “a tool to exact vengeance on one man”, as well as a “manifest excess and abuse of power”. “I have every confidence that the French courts will resolve the matter justly and impartially,” he said. The FIA threw Briatore out of the sport and ordered that no driver, team or company could be involved with him. However, Briatore resigned from Renault before the hearing and refused to answer charges in person. Bernie Ecclestone, Formula One’s commercial rights-holder, has warned his long-time friend not to pursue his anger through the civil courts, but instead go to the FIA Court of Appeal. He is also known to believe that Briatore could be on shaky ground if he decides to challenge the FIA decision. www.timesonline.co.uk/tol/sport/formula_1/article6880198.ece
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Post by Lonegunmen on Oct 18, 2009 23:44:56 GMT
I'm still finding it hard to see why Piquet was dumb enough tp acxtually go through with it. If he had ignored the order, he might have been fired and then it all would have come out anyway. Piquet deserves a life time banned for being so stupid.
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Post by londonranger on Oct 19, 2009 3:05:10 GMT
Central criminal court de Paris. Messr Briatore. Pleadez vous. To what. To ordering mr Piquet to crash into wall.
But he is here to contest the FIA ruling that they banned him for life without due process... Hmm. FIa respondez vous.
Well. he is accusing us? Turns to counsel, what is he accusing us of? Whispers Vengeance.. Ah revanche??
Your honour, since we didnt know aspects here,we need more time to prepare our case. Ow much time?
The complexities of this case demand the services. of one Inspector Cloiseau of the Surety Francaise de Police.
Ah Cloiseau!. Court will grant defence two weeks to prepare. (to be continued)
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Post by QPR Report on Oct 19, 2009 8:33:09 GMT
The Standard (not news. Just the headline!) Flavio Briatore fights for Queens Park Rangers role 19.10.09 Flavio Briatore today launched a legal challenge to his life ban from Formula One which, if successful, would almost certainly confirm his right to remain the owner of Queens Park Rangers. Briatore has lodged papers with the Tribunal de Grand Instance in Paris, where the FIA is based. Briatore, who attended his first match since Crashgate as QPR beat Preston 4-0 on Saturday, could fall foul of the Football League's 'fit and proper persons test' for club ownership if the appeal fails. www.thisislondon.co.uk/standard-sport/football/article-23758085-flavio-briatore-fights-for-queens-park-rangers-role.do
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Post by QPR Report on Oct 19, 2009 12:18:30 GMT
And off he goes...Reuters
UPDATE 1-Motor racing-Briatore files legal action against ban Mon Oct 19, 2009 * Pleas to be entered in Paris court on Tuesday * Briatore seeking to overturn F1 life ban * Ban was 'legal absurdity', says former Renault boss (adds detail, background) By Thierry Leveque PARIS, Oct 19 (Reuters) - Former Renault team boss Flavio Briatore has filed legal action in a Paris court seeking to overturn his life ban from Formula One, a court spokesman said on Monday. Briatore was handed a life ban by the International Automobile Federation (FIA) in September for his role in a race-fixing scandal at last year's Singapore Grand Prix. The Italian has said he would argue that his right to a free and fair defence against the charges was flouted. Pleas will be entered on Tuesday, the court spokesman said. Briatore had said in a statement on Sunday that the decision to ban him for life was a "legal absurdity". [ID:nLI607086] According to the statement, Briatore would also say the ban was not imposed by an impartial judge, as the head of the FIA tribunal that made the decision was FIA President Max Mosley. "In this case, the FIA has been used as a tool to exact vengeance on behalf of one man," Briatore said in the statement, which added that he would seek damages over the decision. Brazilian Nelson Piquet blew the lid off one of Formula One's biggest scandals after being dropped by Renault in July when he told the FIA that he had been ordered to crash deliberately at last year's race in Singapore. He said he had done so to bring out the safety car and help his Spanish team mate Fernando Alonso win the race. Former champions Renault were handed a suspended permanent ban while engineering head Pat Symonds was banned for five years. (Writing by Patrick Vignal; Editing by Peter Rutherford; To query or comment on this story email sportsfeedback@thomsonreuters.com) www.reuters.com/article/rbssAutoTruckManufacturers/idUSSP7371920091019
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Post by londonranger on Oct 19, 2009 13:11:23 GMT
The Trial. Its jury selection time. Juror one. Messr, have you ever driven over 90 miles a hour. Mais no, I ride bycycle only. Do you like football, Oh yes, What is your team, I love footbal anglaise. Which is your team.. Crewe alexandra. Opposition lawyer. Av you erd of F. briatore. ooh la la,, the flamboyance of Fi, ......Juror dismissed.
As you can see this will be a long process. Next. Do you remember being in a car crash? mais oui. since a little bou, my pedal car races with my mates. We all loved to crash into each other. (lawyers confer).. Alternate jury pool for you.
T o be continued when we discover who is on trial for what.
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Post by QPR Report on Oct 19, 2009 13:18:27 GMT
This is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.
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Post by dylanpresman on Oct 19, 2009 13:33:04 GMT
I'm still finding it hard to see why Piquet was dumb enough tp acxtually go through with it. If he had ignored the order, he might have been fired and then it all would have come out anyway. Piquet deserves a life time banned for being so stupid. The testimony of the investigators states that Piquet told them that he suggested the plan. He didn't agree to go along with the plan, it was his plan and the others agreed to go along with. The investigators did not find enough evidence to conclude that Flav was involved in the plan.
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Post by dylanpresman on Oct 19, 2009 13:35:10 GMT
He's OBVIOUSLY innocent - but I don't understand why he didn't himself at the time. And what exactly did happen then My guess would be that, knowing that Moseley was out to get him, he concluded that participating in the process would have no benefit and he was better off avoiding involvement and then challenging the outcome in court. As one of the articles above points out, the courts have ruled against this same punishement in the past in a case where the evidence was much more clear cut. If so, he probably is confident that this won't stand up either. Personally, I am not confident that he wasn't involved -- I simply don't know. What I do know is that the investigators didn't think there was enough evidence to find he was involved and that Mosely was out to get him -- so he jumped on the opportunity to get his revenge. Whatever happens, Flav gets a huge legal headache that will cost a fortune and last for years and Moseley can't be touched -- even if the punishment is overturned, Moseley has his revenge. Of course, one possible outcome is that Moseley leaves at the end of his term, the FIA look at the possiblility of a long drawn out legal battle that they can't win and Bernie works out a deal to overturn the decision. Even under this "best case scenario" Moseley has his revenge because Flav's reputation is seriously tarnished and Mosely is still uneffected.
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Post by haqpr1963 on Oct 19, 2009 13:43:39 GMT
I'm still finding it hard to see why Piquet was dumb enough tp acxtually go through with it. If he had ignored the order, he might have been fired and then it all would have come out anyway. Piquet deserves a life time banned for being so stupid. The testimony of the investigators states that Piquet told them that he suggested the plan. He didn't agree to go along with the plan, it was his plan and the others agreed to go along with. The investigators did not find enough evidence to conclude that Flav was involved in the plan. How does this excuse Briatore? Briatore was team principal! Briatore was Piquet's Manager! If as suggested he knew about this plan he should have sacked Piquet from the team and refused to be his manager, other wise he is as guilty as Piquet....
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Post by Markqpr on Oct 19, 2009 13:53:22 GMT
The investigators did not find enough evidence to conclude that Flav was involved in the plan. Totally agree about Piquet Jr. Out of everyone he's the one that should be up on the most serious charges. The biggest scandal is that he has faced no punishment at all for instigating the plan, carrying it thru and then using it as a form of bribery against a person he involved in an attempt to curry favour with that person to begin with. If you think about that and then the fact that Bernie is already saying that it would be a shame if he wasn't in F1 next year says that safety is not the primary issue here, so how come Flabio gets a life time ban unless there are some serious double standards at play. The FIA have all the evidence they need with their 'surprise mystery witness X' and if Flabio didn't contest nor Renault then they didn't have to prove it anyway. Don't forget Flabio had to resign to save the integrity of the team. Now that Flabio has started his defence we might get a little more information on what actually happened and in an interesting nosey-parker kind of way we also have the side story of Flabio suing for loss of earnings during this period so we might get an idea of how much he makes. Wasn't he Webbers' manager before all this? Anyway nice to have some different news on the subject before it all gets swept under the carpet and we can go back to the forgetting about the ticket prices fiasco and our lack of youth team players coming thru. Onwards and sleazier.
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