Paris court overturns Briatore ban
Reuters - Tuesday 05 January 2010, 20:06
PARIS - Flamboyant former Renault team boss
Flavio Briatore declared justice had been done after a French
court overturned his life ban from Formula One on Tuesday.
However, the sport's governing International Automobile
Federation (FIA) said the decision was not enforceable until all
appeal options had been exhausted.
It added that it would "consider appropriate actions to
ensure that no persons who would engage, or who have engaged, in
such dangerous activities or acts of intentional cheating will
be allowed to participate in Formula One in the future."
Briatore was banned in September by the FIA after former
Renault driver Nelson Piquet told the ruling body he had been
ordered to crash deliberately at the 2008 Singapore Grand Prix
to help his Spanish team mate Fernando Alonso win the race.
"The court ruled the sanction was illegal," said a judge at
the Tribunal de Grande Instance, with the court questioning the
FIA's ability to impose bans on individuals who were not licence
holders.
Briatore, who had sought damages of 1 million euros, was awarded 15,000 euros and the FIA was ordered to
notify all its members of the outcome or pay 10,000 euros for
every day's delay.
The Italian said in a statement that "the decision handed
down today restores to me the dignity and freedom that certain
people had arbitrarily attempted to deprive me of.
"Let me take a little time to enjoy this moment of happiness
after this difficult period. As concerns my possible return to
F1, there is plenty of time to talk about this," he added.
FIA APPEAL
The FIA noted the court had not reversed the governing
body's finding that both Briatore and Renault's former
engineering head Pat Symonds had conspired to cause an
intentional crash.
"The Court did question the FIA's authority to impose bans
upon Mr. Briatore and Mr. Symonds for procedural reasons and
because they are not FIA licence holders and, according to the
Court, are therefore not subject to any FIA rules," it said.
"The FIA's ability to exclude those who intentionally put
others' lives at risk has never before been put into doubt and
the FIA is carefully considering its appeal options on this
point."
Brazilian Piquet triggered one of Formula One's biggest
scandals when he was dropped by Renault in July and then went to
the FIA.
Former champions Renault were handed a suspended permanent
ban and Symonds, who left the team with Briatore before the FIA
hearing, was banned for five years. The court overturned
Symonds's punishment and awarded the Briton 5,000 euros in
compensation.
Briatore had launched his legal case in October, saying he
had not been given the right to a free and fair defence after
what he denounced as a "sham hearing".
The court found in a written statement that the FIA decision
"was taken while the (motor sport) council was chaired by
(former FIA president Max Mosley), who had notoriously come into
conflict with Mr Briatore.
"Mr Mosley played a key role in launching (both) the inquiry
and the legal process, violating the principle of a separation
of the bodies that are responsible for the investigation and for
the judgment."
Tuesday's ruling had ramifications beyond Formula One, with
Briatore also the co-owner of English Championship club Queens Park Rangers.
Had the ban been upheld, Briatore could have been forced out
of the London club under league rules aimed at ensuring
ownership is in the hands of fit and proper persons.