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	<title>Comments on: Why did the FIA let Vitantonio Liuzzi appeal but not Lewis Hamilton?</title>
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	<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/</link>
	<description>F1 Fanatic - The Formula 1 Blog with F1 news, pictures, video, comment and analysis</description>
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		<title>By: T8nde</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217184</link>
		<dc:creator>T8nde</dc:creator>
		<pubDate>Thu, 25 Sep 2008 17:17:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217184</guid>
		<description>I am a fan of good F1 racing and good F1 race drivers. In their respective times, I thought Senna was brilliant, Mansell blistering and Schummi a fabulous genius (who was occasionally prone to strong arm tactis) which to be fair to him were more or less part and parcel of previous seasons and commited by various former champs.

Anyway, my point is it is glaringly obvious that the FIA have appeared to be Ferrari biased in many decisions. I am surprised not many people are also talking about the fact that during this contentious spa race Kimmi also missed a chicane/ corner and used another drive off area to a rather good advantage but never got investigated nor penalised !? Yet Lewis was.

Equally Kimmi never got investigated nor punished for crashing into another driver during the Monaco grand prix yet Lewis indeed got done for his crash into Kimmi in Canadian race !!? 

These are just two recent incidents, going back to 2006, you-tube has many good clips of Schummi clearly missing a chicane and gaining a clear advantage from it yet receiving no penalty never mind being investigated !!!?

In 2007 a few competitors (ahead of Lewis in that race)got away with using fuel which appeared to have been cooled beyond accepted levels and therefore affording them significant advantage. Again NO PUNISHMENT (which had it been rightly given out would have also rightly given the drivers championship to the best driver of 2007, a certain Lewis Hamilton !, but oh no that would have taken a victory away from Kimmi and Ferrari...CANT HAVE THAT CAN WE !!!

What the hell in the world is Lewis&#039; crime ???! Or for that matter what is Mclaren&#039;s crime ?. Dont give me any crap about the spying scandal.... Spying on competitors appears to have always been part and parcel of previous seasons, delve into all the little rows teams had and you will see that, that how teams knew what to report each other on and copy similar systems/ parts etc. 

Like i said at the beginning i am a fan of good F1 racing and good F1 drivers... i am not pro Lewis but i am definately pro the best drivers winning fairly ragardless of the colour of their team or skin. the more this happens the more it does really appear like formula 1 is run by FIAT for real. Sort it out Max and Bernie. Lets see the best driver win this year NOT THE BEST CONNECTED Team !!!!!!!!!!. What a DISGRACE AND DISSERVICE to all the fans who tune in the world over.</description>
		<content:encoded><![CDATA[<p>I am a fan of good F1 racing and good F1 race drivers. In their respective times, I thought Senna was brilliant, Mansell blistering and Schummi a fabulous genius (who was occasionally prone to strong arm tactis) which to be fair to him were more or less part and parcel of previous seasons and commited by various former champs.</p>
<p>Anyway, my point is it is glaringly obvious that the FIA have appeared to be Ferrari biased in many decisions. I am surprised not many people are also talking about the fact that during this contentious spa race Kimmi also missed a chicane/ corner and used another drive off area to a rather good advantage but never got investigated nor penalised !? Yet Lewis was.</p>
<p>Equally Kimmi never got investigated nor punished for crashing into another driver during the Monaco grand prix yet Lewis indeed got done for his crash into Kimmi in Canadian race !!? </p>
<p>These are just two recent incidents, going back to 2006, you-tube has many good clips of Schummi clearly missing a chicane and gaining a clear advantage from it yet receiving no penalty never mind being investigated !!!?</p>
<p>In 2007 a few competitors (ahead of Lewis in that race)got away with using fuel which appeared to have been cooled beyond accepted levels and therefore affording them significant advantage. Again NO PUNISHMENT (which had it been rightly given out would have also rightly given the drivers championship to the best driver of 2007, a certain Lewis Hamilton !, but oh no that would have taken a victory away from Kimmi and Ferrari&#8230;CANT HAVE THAT CAN WE !!!</p>
<p>What the hell in the world is Lewis&#8217; crime ???! Or for that matter what is Mclaren&#8217;s crime ?. Dont give me any crap about the spying scandal&#8230;. Spying on competitors appears to have always been part and parcel of previous seasons, delve into all the little rows teams had and you will see that, that how teams knew what to report each other on and copy similar systems/ parts etc. </p>
<p>Like i said at the beginning i am a fan of good F1 racing and good F1 drivers&#8230; i am not pro Lewis but i am definately pro the best drivers winning fairly ragardless of the colour of their team or skin. the more this happens the more it does really appear like formula 1 is run by FIAT for real. Sort it out Max and Bernie. Lets see the best driver win this year NOT THE BEST CONNECTED Team !!!!!!!!!!. What a DISGRACE AND DISSERVICE to all the fans who tune in the world over.</p>
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		<title>By: Oliver</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217131</link>
		<dc:creator>Oliver</dc:creator>
		<pubDate>Thu, 25 Sep 2008 10:57:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217131</guid>
		<description>Jean,
Schumacher not only obstructed a fellow competitor, he illegally parked his car in the center of the race track. Had he not been found out, it was a moment of brilliance :-)</description>
		<content:encoded><![CDATA[<p>Jean,<br />
Schumacher not only obstructed a fellow competitor, he illegally parked his car in the center of the race track. Had he not been found out, it was a moment of brilliance <img src='http://www.f1fanatic.co.uk/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
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		<title>By: Alianora La Canta</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217126</link>
		<dc:creator>Alianora La Canta</dc:creator>
		<pubDate>Thu, 25 Sep 2008 10:16:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217126</guid>
		<description>sidepodcast, there&#039;s no provision that allows for a converted time penalty to be treated as a drive-through or pit-stoppage penalty. In conventional law, points of contracts are treated for what they are, not what they were. Otherwise contracts could not have conditional principles (and the part of Article 16.3 that mentions the time penalty could never apply because the change in what the penalty is could not be activated). Article 2 of the Sporting Code means that the regulations form part of a contract between the FIA and the teams.

As a result, the admission of the Liuzzi/Sutil case is the one supported by the regulations the ICA claims to use in its Court of Appeal. It is also irrelevant whether the error of giving a straight 25-second penalty was made (and it would be an error, but I haven&#039;t seen any evidence that it was committed in the first place - the summary of the Liuzzi/Sutil case suggests no such error) because the penalty as it became (time penalty) is the one that matters for applications of contracts as a general rule.

Technically, McLaren can appeal this to the Swiss Court of Arbitration. Not that I expect them to - in 17 months of the customer car case, they never got round to making a decision as far as I can tell, which was why Force India eventually made an out-of-court settlement.</description>
		<content:encoded><![CDATA[<p>sidepodcast, there&#8217;s no provision that allows for a converted time penalty to be treated as a drive-through or pit-stoppage penalty. In conventional law, points of contracts are treated for what they are, not what they were. Otherwise contracts could not have conditional principles (and the part of Article 16.3 that mentions the time penalty could never apply because the change in what the penalty is could not be activated). Article 2 of the Sporting Code means that the regulations form part of a contract between the FIA and the teams.</p>
<p>As a result, the admission of the Liuzzi/Sutil case is the one supported by the regulations the ICA claims to use in its Court of Appeal. It is also irrelevant whether the error of giving a straight 25-second penalty was made (and it would be an error, but I haven&#8217;t seen any evidence that it was committed in the first place &#8211; the summary of the Liuzzi/Sutil case suggests no such error) because the penalty as it became (time penalty) is the one that matters for applications of contracts as a general rule.</p>
<p>Technically, McLaren can appeal this to the Swiss Court of Arbitration. Not that I expect them to &#8211; in 17 months of the customer car case, they never got round to making a decision as far as I can tell, which was why Force India eventually made an out-of-court settlement.</p>
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		<title>By: Jean</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217121</link>
		<dc:creator>Jean</dc:creator>
		<pubDate>Thu, 25 Sep 2008 07:30:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217121</guid>
		<description>If the FIA were so deliberately hell bent on crippling anything McLaren/Lewis related and favouring Ferrari , can anyone explain the reasoning for a TWENTY GRID penalty in MONACO of all places , to Schu./FERRARI in 2006 (for &quot;parking&quot; his Ferrari - which although it did look suspicious because of the time the &quot;error&quot; occurred , it was less of a clear infringement as the Lewis/Spa incidence - and incidentally was not objected to by Ferrari in court !) and the penalty (forced to come in to change tyres ...) to both Ferrari&#039;s for having the wrong tyres (I think it was in Fuji last year) . Yes , I am a Ferrari fan , and when things like that happen , it is not nice , but sometimes they do and one is forced to &quot;take it on the chin&quot; as it were and move on , but I&#039;m afraid McLaren , after declaring last year they would do their &quot;talking on the track&quot; seem the first to run to the courtrooms whenever a decision is taken against them.</description>
		<content:encoded><![CDATA[<p>If the FIA were so deliberately hell bent on crippling anything McLaren/Lewis related and favouring Ferrari , can anyone explain the reasoning for a TWENTY GRID penalty in MONACO of all places , to Schu./FERRARI in 2006 (for &#8220;parking&#8221; his Ferrari &#8211; which although it did look suspicious because of the time the &#8220;error&#8221; occurred , it was less of a clear infringement as the Lewis/Spa incidence &#8211; and incidentally was not objected to by Ferrari in court !) and the penalty (forced to come in to change tyres &#8230;) to both Ferrari&#8217;s for having the wrong tyres (I think it was in Fuji last year) . Yes , I am a Ferrari fan , and when things like that happen , it is not nice , but sometimes they do and one is forced to &#8220;take it on the chin&#8221; as it were and move on , but I&#8217;m afraid McLaren , after declaring last year they would do their &#8220;talking on the track&#8221; seem the first to run to the courtrooms whenever a decision is taken against them.</p>
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		<title>By: MacademiaNut</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217116</link>
		<dc:creator>MacademiaNut</dc:creator>
		<pubDate>Thu, 25 Sep 2008 04:41:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217116</guid>
		<description>The fact that FIA cannot be questioned on certain decisions simply gives them a right to do anything!  That&#039;s simply unacceptable.

Any organization should have some provisions of being able to question certain decisions.  FIA has a provision of giving someone 25 second penalty when a drive-through penalty cannot be enforced in time,  In the same tone, FIA decision to impose a 25-second post penalty should also be appeal-worthy.  The only reason why drive-through penalty is not eligible for appeal is because it is irreversible!   But, 25s post-race penalty is completely reversible if it can be proven that it was not the mistake of FIA giving false information to the team during the race; and then retroactively saying that the information they provided is not correct.

FIA should grow balls and re-write their rules.</description>
		<content:encoded><![CDATA[<p>The fact that FIA cannot be questioned on certain decisions simply gives them a right to do anything!  That&#8217;s simply unacceptable.</p>
<p>Any organization should have some provisions of being able to question certain decisions.  FIA has a provision of giving someone 25 second penalty when a drive-through penalty cannot be enforced in time,  In the same tone, FIA decision to impose a 25-second post penalty should also be appeal-worthy.  The only reason why drive-through penalty is not eligible for appeal is because it is irreversible!   But, 25s post-race penalty is completely reversible if it can be proven that it was not the mistake of FIA giving false information to the team during the race; and then retroactively saying that the information they provided is not correct.</p>
<p>FIA should grow balls and re-write their rules.</p>
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		<title>By: Senor Paz</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217099</link>
		<dc:creator>Senor Paz</dc:creator>
		<pubDate>Thu, 25 Sep 2008 00:07:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217099</guid>
		<description>Keith,

Obviously Charlie made a mistake saying what he did to Ron Dennis, that&#039;s not what we&#039;re debating here. In many ways, the whole incident was the catalyst for McLaren&#039;s appeal, as they understandably felt that they were given wrong information. So it was that he detracted his comment later; unfortunately he had already given McLaren something to complain about. 

Remember also how ridiculous the whole telemetry thing was: Ron Dennis showed everyone that Lewis was 6km/h slower than Kimi crossing the line... And? So what? It is obvious that he slowed down (you don&#039;t need telemetry, just watch the footage), but the point in question is that he slipstreamed him in a short straight, something he would have NEVER been able to do had he taken the corner behind Kimi. 

Also regarding the other ridiculous controversy, whether Kimi did something illegal by &#039;pushing&#039; Lewis off the track, I think Lewis&#039; overtakes in Monza and Hockenheim speak for themselves. Perfectly legal driving, so I don&#039;t see what the big deal is.</description>
		<content:encoded><![CDATA[<p>Keith,</p>
<p>Obviously Charlie made a mistake saying what he did to Ron Dennis, that&#8217;s not what we&#8217;re debating here. In many ways, the whole incident was the catalyst for McLaren&#8217;s appeal, as they understandably felt that they were given wrong information. So it was that he detracted his comment later; unfortunately he had already given McLaren something to complain about. </p>
<p>Remember also how ridiculous the whole telemetry thing was: Ron Dennis showed everyone that Lewis was 6km/h slower than Kimi crossing the line&#8230; And? So what? It is obvious that he slowed down (you don&#8217;t need telemetry, just watch the footage), but the point in question is that he slipstreamed him in a short straight, something he would have NEVER been able to do had he taken the corner behind Kimi. </p>
<p>Also regarding the other ridiculous controversy, whether Kimi did something illegal by &#8216;pushing&#8217; Lewis off the track, I think Lewis&#8217; overtakes in Monza and Hockenheim speak for themselves. Perfectly legal driving, so I don&#8217;t see what the big deal is.</p>
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		<title>By: sidepodcast</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217095</link>
		<dc:creator>sidepodcast</dc:creator>
		<pubDate>Wed, 24 Sep 2008 22:42:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217095</guid>
		<description>@alia said: &quot;Sidepodcast, if the penalty was given after the race, then it is exactly the same type of penalty as Hamilton’s&quot;

short of repeating what i said earlier, i don&#039;t know what else to say, sorry?

there is &lt;strong&gt;no&lt;/strong&gt; provision in the rulebook for assigning &lt;strong&gt;just&lt;/strong&gt; a 25 second penalty, unless it is either as part of a post-race drive through or a post race stop and go.</description>
		<content:encoded><![CDATA[<p>@alia said: &#8220;Sidepodcast, if the penalty was given after the race, then it is exactly the same type of penalty as Hamilton’s&#8221;</p>
<p>short of repeating what i said earlier, i don&#8217;t know what else to say, sorry?</p>
<p>there is <strong>no</strong> provision in the rulebook for assigning <strong>just</strong> a 25 second penalty, unless it is either as part of a post-race drive through or a post race stop and go.</p>
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		<title>By: Alianora La Canta</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217094</link>
		<dc:creator>Alianora La Canta</dc:creator>
		<pubDate>Wed, 24 Sep 2008 22:19:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217094</guid>
		<description>Sidepodcast, if the penalty was given after the race, then it is exactly the same type of penalty as Hamilton&#039;s (a time penalty issued through the late-penalty route given in Article 16.3). It is also the correct penalty, unless you are arguing Liuzzi should have been issued with a 10-place grid drop instead. The other two penalties cannot be given out after the 5-laps-before-finish point.</description>
		<content:encoded><![CDATA[<p>Sidepodcast, if the penalty was given after the race, then it is exactly the same type of penalty as Hamilton&#8217;s (a time penalty issued through the late-penalty route given in Article 16.3). It is also the correct penalty, unless you are arguing Liuzzi should have been issued with a 10-place grid drop instead. The other two penalties cannot be given out after the 5-laps-before-finish point.</p>
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		<title>By: Alianora La Canta</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217093</link>
		<dc:creator>Alianora La Canta</dc:creator>
		<pubDate>Wed, 24 Sep 2008 22:11:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217093</guid>
		<description>Keith, teams can go to the Court of Arbitration. Force India did it at the start of 2007. The catch is that it&#039;s extremely slow - it hadn&#039;t even begun deliberating by August 2008, which was why Force India ended up accepting a settlement on the customer car issue from STR.

Journeyer, the wording of the regulations suggest that last time was not a mistake, since the time penalty was still a time penalty irrespective of how it came to be one. There is nothing in the regulations to say that a converted time penalty is to be treated as if it was the penalty from which it came. The dismissal, by consequence, was done on dodgy logic. Hence the precedent of Japan 2007 holds, whether the FIA wants it to or not.</description>
		<content:encoded><![CDATA[<p>Keith, teams can go to the Court of Arbitration. Force India did it at the start of 2007. The catch is that it&#8217;s extremely slow &#8211; it hadn&#8217;t even begun deliberating by August 2008, which was why Force India ended up accepting a settlement on the customer car issue from STR.</p>
<p>Journeyer, the wording of the regulations suggest that last time was not a mistake, since the time penalty was still a time penalty irrespective of how it came to be one. There is nothing in the regulations to say that a converted time penalty is to be treated as if it was the penalty from which it came. The dismissal, by consequence, was done on dodgy logic. Hence the precedent of Japan 2007 holds, whether the FIA wants it to or not.</p>
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		<title>By: beneboy</title>
		<link>http://www.f1fanatic.co.uk/2008/09/23/why-did-the-fia-let-vitantonio-liuzzi-appeal-but-not-lewis-hamilton/comment-page-7/#comment-217081</link>
		<dc:creator>beneboy</dc:creator>
		<pubDate>Wed, 24 Sep 2008 18:40:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.f1fanatic.co.uk/?p=9810#comment-217081</guid>
		<description>&quot;At the Maranello launch of the California road car, Kimi and Felipe met President Luca di Montezemolo, who made it very clear that, as usual Ferrari&#039;s simple target come the end of the season is to win both titles,&quot; says Domenicali.

&quot;Both drivers will be working towards this target over the remaining four races, knowing that, as always for the Scuderia, the good of the team comes first.&quot;


Sounds a little like team orders to me, wonder when the FIA investigation will start.</description>
		<content:encoded><![CDATA[<p>&#8220;At the Maranello launch of the California road car, Kimi and Felipe met President Luca di Montezemolo, who made it very clear that, as usual Ferrari&#8217;s simple target come the end of the season is to win both titles,&#8221; says Domenicali.</p>
<p>&#8220;Both drivers will be working towards this target over the remaining four races, knowing that, as always for the Scuderia, the good of the team comes first.&#8221;</p>
<p>Sounds a little like team orders to me, wonder when the FIA investigation will start.</p>
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