The legal fallout/predictions begin....Crashgate | FerrariChat

The legal fallout/predictions begin....Crashgate

Discussion in 'F1' started by DF1, Sep 17, 2009.

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  1. DF1

    DF1 Three Time F1 World Champ

    This is only beginning for Flav and Symonds. If all avenues were pursued this will go on for quite awhile. Incarceration in Singapore would not be something Flav would enjoy.

    'Briatore, Symonds could face criminal charges'
    Thursday 17th September 2009 - PlanetF1.com

    Flavio Briatore and Pat Symonds could face criminal charges in Singapore, litigation from Ferrari and could also be sued by Renault in connection with race-fixing allegations.


    On Wednesday, Renault announced that the team "will not dispute the recent allegations" of race-fixing when they face the FIA's World Motor Sport Council. Added to that, the team said that both "managing director, Flavio Briatore and its executive director of engineering, Pat Symonds, have left the team."


    Briatore and Symonds are at the heart of the allegations, the pair being accused by former driver Nelson Piquet Jr of asking him to deliberately crash in last year's Singapore GP in order to help his team-mate Fernando Alonso claim the race win.


    Briatore denied the claims and last Friday even went as far to launch criminal proceedings against Piquet Jr and his father, accusing the two of making "false allegations" and trying to "blackmail" him into keeping the under-performing Piquet Jr as Alonso's team-mate.


    In a twist of fate, though, it is Briatore himself, as well as Symonds, who could face criminal proceedings.


    The Telegraph reports that 'Singapore could request extradition from a Commonwealth country for someone charged for offences which are deemed "extradition crimes."


    'Part One of the First Schedule of the Singapore Extradition Act lists "acts done with the intention of endangering vehicles, vessels or aircraft" as an extraditable crime. "Malicious or wilful damage to property" is also on the list.'


    But 'whether the Singapore government would want to jeopardise its chances of hosting future grands prix by dragging Formula One's name through the mud is a moot point.'


    However, it's not just Singapore that could hit back at Briatore and Symonds.


    Renault could sue the duo for bringing the company's name into disrepute while Ferrari and Felipe Massa could launch a legal challenge for loss of the World title and the earnings involved.


    Massa had been leading the race when Piquet Jr crashed. The Brazilian went on to finish 13th and eventually lost the World title to Lewis Hamilton by one point.


    As such Stephen Hornsby, a specialist sport's lawyer, believes should Ferrari seek action against Renault, Briatore or Symonds it could carry more weight than Sheffield United's case against West Ham over the Carlos Tevez affair. Sheffield won £30 million in damages after they were relegated from the Premier League due to West Ham's illegal signing of Tevez.


    "There is a clear causal link between the alleged cheating and the financial loss to Massa and his team," Hornsby said.


    "As for Renault suing Briatore that is possible too. But Renault are unlikely to want to keep the matter going for little reward."
     
  2. TheMayor

    TheMayor Ten Time F1 World Champ
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    I can see it now...

    Ferrari gets the FIA to throw out the results of Singapore because it's tainted by crash-gate.

    Then, the new points totals for the year are counted up with Hamilton 6 points lighter. The final coup de gras.... the FIA retroactively gives the title to Massa.

    Oh my... the conspiracy theorists will have a field day!

    Something tells me that Briatore will never step foot again in Singapore.
     
  3. Etcetera

    Etcetera Two Time F1 World Champ
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    Mosley is chomping at the bit to get him some of that Singapore whippin'.
     
  4. Anthony_Ferrari

    Anthony_Ferrari Formula 3

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    I don't think the FIA will change the results, but I think that Ferrari and Massa have a case to sue for loss of potential earnings as they would have been champions if Piquet hadn't crashed. I think they should be sueing Piquet rather than the team or the team boss. It was Piquet who decided to crash on purpose. No matter what pressure he was under or what orders he had received it was his decision. I'd be happy to see him serve some jail-time for endangering himself, his competitors, marshalls, and spectators.
     
  5. Etcetera

    Etcetera Two Time F1 World Champ
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    ...Ferrari would be smart to leave the water under the bridge.
     
  6. Remy Zero

    Remy Zero Two Time F1 World Champ

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    I'm quite sure Ferrari and Massa won't want to win the WDC in this kind of circumstances.
     
  7. Bas

    Bas Four Time F1 World Champ

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    +1
     
  8. jknight

    jknight F1 Veteran

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    With this being the charge and Alsono being named in the charge, it will be interesting to see how he escapes on this...

    and from another source "But 'whether the Singapore government would want to jeopardise its chances of hosting future grands prix by dragging Formula One's name through the mud is a moot point.' -> why would the Singapore government want to protect illegal doings, it seems that if they didn't do something according to their laws then they are just as guilty as those who have committed crimes.....


    Here's the charge.....

    The French outfit is due to appear before the FIA World Motor Sport Council (WMSC) in Paris on 21 September charged with bringing the sport into disrepute by having committed 'a breach of Article 151c of the International Sporting Code, that the team conspired with its driver, Nelson Piquet Jr, to cause a deliberate crash at the 2008 Singapore Grand Prix with the aim of causing the deployment of the safety car to the advantage of its other driver, Fernando Alonso'.

    Singapore could request extradition from a Commonwealth country should it consider the plot to have been an 'extradition crime', a category that includes 'acts done with the intention of endangering vehicles, vessels or aircraft' or 'malicious or wilful damage to property'. Though Piquet emerged thankfully unscathed from his hefty impact with the Marina Bay street circuit's concrete wall, the potential for injury or even worse – to driver or spectators – has not gone un-noted.

    There are also possible litigious cases from Renault – for dragging the company's global name and image so publicly through the mud – and Ferrari. Felipe Massa had been leading the race when his compatriot Piquet crashed, but following the safety car intervention and a botched pit-stop, the São Paulista went on to take the chequered flag outside the points in 13th, before ultimately missing out on the drivers' world championship crown to McLaren rival Lewis Hamilton by just a single marker in the final reckoning.

    “There is a clear causal link between the alleged cheating and the financial loss to Massa and his team,” reasoned specialist sports lawyer Stephen Hornsby. “As for Renault suing Briatore, that is possible too – but Renault are unlikely to want to keep the matter going for little reward.”
     
  9. jknight

    jknight F1 Veteran

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    Why not??
    There is a clear causal link between the alleged cheating and the financial loss to Massa and his team.

    Carol
     
  10. VIZSLA

    VIZSLA Four Time F1 World Champ
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    I can see it now, Flav doomed to a life on the high seas living on his yacht afraid to enter any jurisdiction.
    Seriously it looks like the adults in this world may be ready to step in and bring a dose of reality to the F1 sandbox.
     
  11. DGS

    DGS Seven Time F1 World Champ
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    I think they have a better case against that pit lane light system.

    How can Ferrari prove that they wouldn't have had the same kind of fiasco at their scheduled green-flag pit stop?

    Yes, there was a bit more pressure, with Kimi lined up and waiting. But a pit crew should be able to handle pressure -- there's pressure to get *every* pit stop right.

    Look at what the FIA tried to do to Renault over Alonso's wheel.


    Hmm: First the Renault ban after Hungary. Then, instead, they have a disgruntled ex-employee come up with the Crashgate saga.

    It sure looks like Max wants to take everyone down with him.



    "We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law." -- Edward R. Murrow

    "The speed of communications is wondrous to behold. It is also true that speed can multiply the distribution of information that we know to be untrue." -- Edward R. Murrow
     
  12. kraftwerk

    kraftwerk Two Time F1 World Champ

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    I'm thinking the FIA were aware at the time that there was something very suspicious along with everyone else in Singapore. However they then went on to give out some very dubious calls to help even the score in Massa's favour..


    Although they could do nothing if PK opened his mouth which he has done they have to act hence the FIA very concerned where the leak within was coming from..
     
  13. Etcetera

    Etcetera Two Time F1 World Champ
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    It's not Mosley's style to go out with a *smack* *smack* whimper *smack* whimper *smack* whimper *smack* *smack*.
     
  14. VIZSLA

    VIZSLA Four Time F1 World Champ
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    Steve, isn't it clear that the FIA itself has been the source of a lot of recent leaks? FOTA issued a statement about it earlier this week.
     
  15. kraftwerk

    kraftwerk Two Time F1 World Champ

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    Yes Dave thats it. Now this could be something to do with the election.

    One of Ari's supporters maybe ! showing it up for what it is..
     
  16. f308jack

    f308jack F1 Rookie

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    And where does all of this leave Piquet Jr.? Is he going to share a cell with Flav & Pat? That cell may become very small very quickly....
     
  17. VIZSLA

    VIZSLA Four Time F1 World Champ
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    Given some of the rumors floated lately about Jr. he might thrive in an all boys environment;)


    Sorry for the cheap shot but I needed to vent.
     
  18. jknight

    jknight F1 Veteran

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    #18 jknight, Sep 17, 2009
    Last edited: Sep 17, 2009
    As I see it, Flavio and Pat are charged with criminal charges, Renault is stripped of 2009 points and total exclusion from F1, Alonso is an accomplice so he is gone, Ferrari and the other teams are repaid monetary losses due to race fixing and Dave Richards takes the helm and the team now becomes Aston Martin with Mercedes engines.

    (Piquet Jr makes millions on his book!)

    Carol

    note I said "other" teams as Ferrari is NOT the only team to be deprived of fund by this
     
  19. subirg

    subirg F1 Rookie

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    Given the utter stupidity and disregard for safety shown by all concerned, they should thank their lucky stars that they aren't facing manslaughter charges. No sport in the world would willingly sanction deliberate acts of cheating that carry potentially lethal consequences to innocent crew, fans, and general members of the public. By comparison to some of the other recent F1 cheating events (i.e. spygate and liegate), this is far far worse. I wouldn't be surprised if the guilty parties get the book, kitchen sink and most of the jailhouse thrown at them.
     
  20. beast

    beast F1 World Champ

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    I would not want to win a championship with an * in it.
     
  21. Prova85

    Prova85 Formula 3

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    +1

    Funny though, some on this board would put this criminal fiasco on a par with using stolen blueprints and lying about it and feel Renault should get a similar punishment to that debacle. :rolleyes:
     
  22. VIZSLA

    VIZSLA Four Time F1 World Champ
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    Personally I'm more interested in seeing some real reforms enacted than in seeing anyone punished. But if heads have to roll for meaningful change to happen so be it.
    In a related question has the sport become perceived as so safe that such risky behavior can be not only considered but actually engaged in?
     
  23. Prova85

    Prova85 Formula 3

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    Only by those in the sport that are very very desperate.
     
  24. SRT Mike

    SRT Mike Two Time F1 World Champ

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    You are right, it is more serious... Max even said so himself.

    And how much do you want to bet the punishment will be much much lower than "Spygate"???

    I'd bet my life savings on it.
     
  25. bigodino

    bigodino F1 World Champ
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    +1 there's no way anyone could predict how the race would have turned out if the crash didn't happen. Maybe Massa would have retired anyway.
     

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