Briatore’s ‘lifetime ban’ now lasts only until end of 2012

The FIA says that it has come to an agreement with Flavio Briatore and Pat Symonds which puts an end to any more proceedings resulting out of the 2008 Singapore GP affair.

In a statement shrouded in legal language the FIA insists that it has come out on top, and that both men have admitted their share of responsibility.

However, the bottom line is that Briatore’s original ‘lifetime ban’ has become somewhat less restrictive, as the statement says that he has now agreed to ‘abstain from having any operational role’ in F1 only until the end of 2012.

The same deadline now applies to Symonds, who was originally banned for five years. Both men can in fact become involved in other forms of FIA-regulated motor sport from the end of 2011.

In return the FIA has ended the appeal process it had started against the decision taken in January by France’s Tribunal de Grande Instance, which found against the WMSC’s decision.

It remains to be seen whether Briatore is interested in returning to sport in 2013, but clearly he still has friends in high places and could yet find a future role.

The full statement reads as follows: “The decision handed down by the Tribunal de Grande Instance of Paris on 5 January 2010 at the request of Mr Flavio Briatore and Mr Pat Symonds, which the FIA has appealed, revealed a poor understanding of how the disciplinary procedure before the World Motor Sport Council (WMSC) works.

“In accordance with the undertakings made by the FIA President during his campaign, it will be proposed at the next General Assembly, at the end of 2010, that a structural reform, on which the FIA Statutes Review Commission is currently working, be adopted to prevent other misunderstandings.

“In the meantime, at its meeting in Bahrain on 11 March 2010, the WMSC decided on the one hand to adopt a Code of Practice to clarify the working of its disciplinary procedure, and on the other hand to give the FIA President full authority to seek a definitive outcome, whether judicial or extrajudicial, to the disputes with Mr Flavio Briatore and Mr Pat Symonds, best preserving the interests of the FIA.

“After discussions between their lawyers and those of the FIA, Mr Flavio Briatore and Mr Pat Symonds have each made a settlement offer to the FIA President with a view to putting an immediate end to the legal proceedings.

“Each of them recognising his share of responsibility for the deliberate crash involving the driver Nelson Piquet Junior at the 2008 Grand Prix of Singapore, as “Team Principal” of Renault F1 where Mr Flavio Briatore is concerned, they have expressed their regrets and presented their apologies to the FIA.

“They have undertaken to abstain from having any operational role in Formula One until 31 December 2012, as well as in all the other competitions registered on the FIA calendars until the end of the 2011 sporting season.

“They have also abandoned all publicity and financial measures resulting from the judgment of 5 January 2010, as well as any further action against the FIA on the subject of this affair.

“In return, they have asked the FIA to abandon the ongoing appeal procedure, but without the FIA recognising the validity of the criticisms levelled against the WMSC’s decision of 21 September 2009, as well as to waive the right to bring any new proceedings against them on the subject of this affair.

“Considering that the judgment of 5 January 2010 concerned only the form and not the substance of the WMSC’s decision of 21 September 2009, and that the undertakings and renunciation of all claims  expressed by Mr Flavio Briatore and Mr Pat Symonds are in line with what the WMSC is seeking, the FIA President has considered that it is in the best interests of the FIA not to allow the perpetuation of these legal disputes, which have received a great deal of media coverage and which, regardless of the outcome, are very prejudicial to the image of the FIA and of motor sport, and thus to accept this settlement solution, thereby putting an end to this affair.”

3 Comments

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3 responses to “Briatore’s ‘lifetime ban’ now lasts only until end of 2012

  1. That sounds to me like a defeat for the FIA dressed up as a victory. It’s had to seriously diminish the extent of punishment meted out, to the point where it is of little encumbrance to either Briatore or Symonds, in return for not being prosecuted further. It allows the FIA to pretend that the flaws in its procedures do not exist and thus save face.

    All because the people who decided the Nelsinho Defence case didn’t read/apply Statute 28 of the FIA’s own Charter correctly. I hope that, if nothing else, this sorry saga convinces the FIA to learn the rules it has written itself (both in relation to the series it runs and its own operations).

  2. Marcus's avatar Marcus

    Will trouble follow Fernando to Ferrari? He has been in the thick of Spygate and Crashgate yet no mention of his involvement. Nothing seems to stick to the Teflon racer.

  3. elephino's avatar elephino

    As the (new?) old saying goes, three years is a lifetime in formula 1.

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