McLaren claims the FIA mis-represented its own steward in Lewis Hamilton trial

Vitantonio Liuzzi\'s appeal last year set a problematic precedent for the FIA

Vitantonio Liuzzi's appeal last year set a problematic precedent for the FIA

The Times’ Ed Gorman reported a very surprising development during today’s hearing into Lewis Hamilton’s controversial Spa penalty.

According to Gorman, McLaren produced a document claiming the FIA tried to undermine McLaren’s argument about the admissibility of the appeal by mis-representing the position of one of its own stewards.

The question of admissibility

A crucial part of the hearing concerns whether McLaren actually can appeal Hamilton’s penalty. Hamilton was given a 25-second penalty because there was no time to make him serve a drive-through penalty. As drive-through penalties can’t be appealed against, therefore Hamilton cannot appeal his penalty.

However, one driver has already had an appeal heard in exactly the same circumstances. Vitantonio Liuzzi was given a 25-second penalty after last year’s Japanese Grand Prix, but took the matter to appeal. The appeal was heard, and although Liuzzi didn’t win, it must have been considered admissible.

FIA claims a change of mind

McLaren had informed the FIA what arguments they were going to make in the Hamilton trial (which I believe they are required to do – it’s not a case of them mistakenly ‘showing their hand’). This included reference to the Liuzzi appeal.

However the FIA responded to McLaren claiming that the chief steward at the Japanese Grand Prix, Tony Scott Andrews, had since changed his mind about the incident, and believed it should have been a drive-through penalty. Therefore, Liuzzi would not have been able to appeal, leaving McLaren with no precedent.

The FIA claimed Scott Andrews had informed Charlie Whiting of his opinion via telephone. McLaren were contacted by the FIA by email to inform them of Scott Andrews’ change of opinion.

“Grossly inaccurate and misleading”

Wanting to be sure of the facts, McLaren contacted Scott Andrews. He told them the FIA’s email was “grossly inaccurate and misleading.”

McLaren’s lawyer Mark Phillips read out a statement from Scott Andrews which said that Whiting had not asked him if he’d changed his mind about the decision he made regarding Liuzzi in Japan and said: “Had he done so, the answer would have been ‘no'”

Ed Gorman’s opinion is:

What on earth was the FIA up to? Why did they make such a big effort to discredit McLaren’s precedent, even misrepresenting Scott Andrews in the process, when their lawyer could have dealt with it in court? It certainly smells fishy but I suspect it will be no more than a sideshow and will not affect the overall findings.

Are the FIA going to ram home a verdict of “appeal not admissible” against Hamilton and McLaren having apparently made an attempt at changing their own former stewards’ viewpoint without having consulted him?

Or is there more to this than meets the eye?

Tony Scott Andrews is no longer the FIA permanent steward. That role is now filled by Alan Donnelly, who has played a prominent role in this case, and was the only steward to interview Hamilton in the enquiries at the track, despite his name not appearing on the stewards’ decision.

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