Harsh statement from the ICA after Briatore’s accusations against the FIA following the Monaco controversy
He Monaco podium This season is one of the most controversial in recent years. First they sanctioned in the middle of the race Gasly for exceeding the speed limits in the pit-lane and third place was taken from him. However, a week later FIA He rectified and returned the position. It seemed that the case was closed there but, three months later, the highest body backed down again after complaints from teams like Red Bull and McLaren and ended up leaving the sanction on the day of the race. Flavio Briatoreboss of Alpinedid not hesitate to raise his voice at the team bosses’ press conference in Monza.
“What is very strange was the fourth judge on the panel, and one of the judges acted as a prosecutor. For this there is no big problem. The problem is that it is closely linked to the McLaren company.because we have a nice photograph of this man giving a speech for McLaren in 2018, at MSO Beverly Hills,” Briatore said with a paper in his hand to show that his complaint had merit.
Andrea Stella, boss of McLaren, was quick to claim that the Woking factory was being disrespected. “I consider that this press conference, taking this course, is quite insulting to McLaren,” said the Italian.
The ICA, the International Court of Appeal of the FIA, issued a statement this Saturday to make it clear that the entire process has fallen within the legal framework and that there was no conflict of interest as Briatore indicated.
The ICA statement
“The FIA Courts wish to make clear that the appointment and participation of the judges in the said case, as in any other, was carried out in accordance with the applicable FIA judicial procedures and normal practice, which are inspired by the highest standards, such as the IBA Guidelines on Conflicts of Interest in International Arbitration”
“All judges are elected by the FIA General Assemblies, some of them on the proposal of a group of at least five F1 teams, in accordance with the FIA Statutes. All of them are subject to the requirements of independence and confidentiality set out in the FIA Judicial and Disciplinary Regulations, they annually submit a declaration of interests to the FIA compliance officer and sign a specific declaration of independence for each specific case, taking into account the issue in dispute and the parties involved, which the parties are notified”
“Both at the beginning and at the end of the hearing, the parties were invited to raise any question relating to the procedure or the composition of the court. None of them did so. During the hearing no objection was raised regarding the way in which the Court questioned the witness or conducted the procedure”
“The ICA highlights the importance of constituting courts with judges from different cultural and geographical backgrounds. This helps to ensure that deliberations and debates reflect a diversity of legal traditions, perspectives and approaches, which further reinforces the fairness, independence and credibility of the process, as well as access to a fair trial.”
“A court’s decision may give rise to various interpretations and comments as to its legal basis; this is legitimate and accepted by all judges. The Court relies on the soundness of the proceedings and the integrity of the judges. The FIA courts remain committed to the independence and impartiality of their judges and to the integrity of the judicial process”
