> I'm sorry, but if they are out of spec, they are illegal...
OK, last time (really!): The tech steward Jo Bauer made an "opinion"
(see his direct quote elsewhere), based upon measurements made at parc
ferm in Sepang, with the tools and reference planes he had available to
him there. If Ferrari didn't appeal the opinion within an hour of its
being made, the opinion THEN -- and ONLY then -- becomes accepted as a
reason for disqualification from the results. Ferrari made their appeal,
thus maintaining Bauer's opinion as "opinion," to be settled by the
appeals board, one way or another. If the appeals board ultimately
disallowed Ferrari's appeal, Bauer's original opinion THEN -- and ONLY
then -- becomes accepted as a reason for disqualification from the
results. It's a process, designed to protect EVERYONE involved --
remember McLaren's purported "launch control" software code of a few
years ago? Same deal. If ANY F1 steward could arbitrarily and
irrevocably rule a car "illegal" by reason of a rules infraction, with
no avenue of appeal, F1 would be 100 times (an estimate...) more chaotic
than it is presently.
It's like any democratic judicial process -- without the right of
appeal, the result is totalitarianism of the worst sort. Just as
importantly, without a logical END to the appeals process, the result is
unending anarchy, and somewhere, someone would STILL be trying to
overturn the results of the 1950 British Grand Prix and each and every
subsequent race -- nobody likes to lose. So the FIA Appeals Board is
like the US Supreme Court -- the court, as they say, of last resort.
Unfortunately, in this particular case, both Jean Todt and Ross Brawn
made all kinds of post-race chin-music -- gleefully reported and
misreported by the motoring press -- that they would base their appeal
on the fact that the "out-of-spec" condition gave them no performance
advantage, having (unwisely and prematurely) agreed with Jo Bauer that
the boards were out of spec, BY JO BAUER'S MEASUREMENTS. This is where
the FIA's strict procedural rules gave Jo Bauer no choice but to be
circumspect, offering the results of his measurements as an "opinion,
pending appeal," while the knuckleheads at Ferrari were under no such
control, and could blather on as they liked, to their very public
embarrassment. It made for sensational press, and (IMHO) precipitated
the crisis in which Jean Todt was rumored to have offered his
resignation (more's the pity DiMontezemolo didn't accept it on the spot,
again, IMHO). But for all the hoopla and horse-hockey they generated,
Todt's and Brawn's intemperate remarks could have NO EFFECT ON THE
APPEALS PROCESS WHATSOEVER. Why? For the simple and good reason that,
like most appeals processes in a democratic system, Ferrari, its
attorneys, and its representative (the Automobile Club of Italy, just as
McLaren's representative in such a situation would be the RAC), do NOT
have to state the reason for their appeal until the hearing itself --
remember, the hearing is primarily about whether the appeal itself has
merit, and only secondarily about the original opinion of the tech
steward), and in fact, the appeals board can ONLY judge the appeal on
the evidence brought forward AT the hearing. It's very similar to the
'trial by peer jury" system: Jurors (or judges, in non-juried hearings)
are strictly enjoined from basing their deliberations on anything BUT
the evidence presented AT the hearing. No news stories, rumors, tips,
leaks, hunches, or bad pizza dreams -- just the evidence presented.
Jo Bauer presented his evidence, the results of his measurements in parc
ferm at Sepang. Whatever he used to measure the opined discrepancy --
yardstick, laser measurement, hand-span, or eyeball -- he was stuck with
it, because that was what his opinion and ruling at Sepang was based
upon: a moment frozen in time. And Ferrari's appeal was simply against
Bauer's opinion at Sepang. Obviously, wiser heads than Todt's at Ferrari
realized that field measuring equipment, especially for the measurement
of the relationship between two or more irregular bodies referenced
against two theoretical planes, were likely to have a CEP well outside
the accepted 5mm tolerance. They presented evidence at the appeals
hearing which convinced teh judges that they were correct, and Bauer's
opinion was not -- simple as that.
All the "who stands to benefit," "good of the sport," "Ecclestonian
Commercial Pressure," "this is a shambles" (John Watson), " a disgrace"
(Norbert Hauge, Ron Dennis, and the McLaren International cleaning
lady), and the various side-splitting misstatements and opinions from
Autosport, bild, auto motor und sport, the ubiquitously unemployable
Niki Lauda, Willi Weber, the Pope, the French Legme, and the Hong Kong
Fireworks Company are just plain show-business -- the wilted,
unattractive, and inedible parsley garnish on what constitutes a
blue-plate special legal judgement from the highest court of an
agreed-upon (Concorde and previously) rules-enforcing system that
everyone from Bernie E. to the Minardi wax-boy accepts as binding when
they join the F1 circus. Simple as that. You put a system in place, you
abide by the rules, and you accept the judgement of the
court-of-last-resort that you've all long-agreed upon. What happens if
you take a case to the Supreme Court and you lose? You've lost, period.
Time for everyone to get over it.
BB