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McLaren to answer charges to World Motorsport Council

April 7th, 2009 BrawnGPNews No comments

Further to the stewards enquiry at the Australian and the Malaysian Grand Prix’s Vodaphone McLaren Mercedes have been called to appear at the FIA World Motor Sport Council in Paris on Wednesday, 29 April, 2009, to answer charges that, in breach of Article 151c of the International Sporting Code.

This Article of the International Sporting codes states

151 Any of the following offences in addition to any offences specifically referred to previously, shall be deemed to be a breach of these rules :

C Any fraudulent conduct or any act prejudicial to the interests of any competition or to the interests of motor sport generally.

Background

At the 2009 Australian Grand Prix cars were running under the safety car.  While under the safety car overtaking is banned.  However Jarno Trulli in 3rd place went off track and Lewis Hamilton (in 4th) therefore had no choice but to pass.  This was a legitimate action on his part.

However after regaining the track Jarno Trulli went to retake his place for 3rd.  After the race the stewards investigated whether Jarno Trulli overtaking constituted a breach in the rules for overtaking under a safety car.  Lewis Hamilton and McLaren’s sporting director Dave Ryan were both present at this meeting and -

“told the stewards of the Australian Grand Prix that no instructions were given to Hamilton in Car No. 1 to allow Trulli in Car no. 9 to pass when both cars were behind the safety car”

Jarno Trulli was then given a 25 second penalty for overtaking under a safety car and Lewis Hamilton was awarded 3rd place.

On 2nd April the stewards held a second enquiry as new evidence had come to light.  This was a interview while Lewis Hamilton had made straight after the race and the audio conversation between Lewis Hamilton and the Pit wall during the race.  The transcript of this radio conversation can be found here.  It was found that Lewis had recieved instructions to let Jarno Trulli pass and both Lewis Hamilton and McLaren (in the form of sporting director Dave Ryan) lied causing Jarno Trulli to be unfairly penalised.

For this Lewis Hamilton was disqualified and Jarno Trulli was reinstated into 3rd place.

Lewis Hamilton

Lewis Hamilton

Vodafone McLaren Mercedes to appear at FIA World Motor Sport Council

The FIA today released this statement

“Vodafone McLaren Mercedes has been invited to appear before an extraordinary meeting of the FIA World Motor Sport Council in Paris on Wednesday, 29 April, 2009, to answer charges that, in breach of Article 151c of the International Sporting Code, it

- on 29 March, 2009, told the stewards of the Australian Grand Prix that no instructions were given to Hamilton in Car No. 1 to allow Trulli in Car no. 9 to pass when both cars were behind the safety car, knowing this statement to be untrue;

- procured its driver Hamilton the current World Champion, to support and confirm this untrue statement to the stewards;

- although knowing that as a direct result of its untrue statement to the stewards, another driver and a rival team had been unfairly penalised, made no attempt to rectify the situation either by contacting the FIA or otherwise;

- on 2 April, 2009, at a second hearing before the stewards of the Australian Grand Prix, (meeting in Malaysia) made no attempt to correct the untrue statement of 29 March but, on the contrary, continued to maintain that the statement was true, despite being allowed to listen to a recording of the team instructing Hamilton to let Trulli past and despite being given more than one opportunity to correct its false statement;

- on 2 April, 2009, at the second stewards’ hearing, procured its driver Hamilton to continue to assert the truth of the false statement given to the stewards on 29 March, while knowing that what he was saying to the stewards was not true.”

McLaren Response

In response, McLaren issued the following press release:
“McLaren acknowledges receipt of an invitation to appear at an FIA World Motor Sport Council meeting in Paris on April 29, received this afternoon. We undertake to co-operate fully with all WMSC processes, and welcome the opportunity to work with the FIA in the best interests of Formula 1.

“This afternoon McLaren and its former sporting director, Dave Ryan, have formally parted company. As a result, he is no longer an employee of any of the constituent companies of the McLaren Group.”

Possible Penalties

There hasn’t been any newspaper speculation on the penalty for this.  Lying to the stewards is a very serious matter and FIA can use any of the following penalties under the International Sporting Code.

− reprimand (blame);
− fines;
− time penalty;
− exclusion;
− suspension;
− disqualification.

Many will remember that in 2007 McLaren were excluded from the 2007 Constructors Championship and fined a record $100 million USD.  This was for illicitly collecting and holding information from Ferrari to confer a dishonest and fraudulent sporting advantage upon McLaren.

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McLaren’s Sporting Director Suspended, Lewis Apologies

April 3rd, 2009 BrawnGPNews No comments

McLaren announced today that their sporting director Dave Ryan had been suspended for his part in the Australian GP debacle when McLaren lied to the stewards as to the events surrounding Trulli overtaking Hamilton under the safety car.  Dave Ryan had gone with Lewis Hamilton to both of the stewards meetings and instructed Lewis Hamilton to mislead the stewards by not giving all the information.

Lewis Hamilton gave a full and frank statement to the media today in Sepang Malaysia with questions taken after.  Here is the full text of that conference.

Let me just start by saying, in Melbourne I had a great race.  As soon as I got out of the car I did the TV interviews at the back of the garage and straight away I gave a good account of what happened during the race.  Straight after that we were requested by the stewards, and whilst waiting for the stewards I was instructed – and misled – by my team manager to withhold information, and that’s what I did.  I sincerely apologise to the stewards for wasting their time and for making them look silly.  I’m very, very sorry for the situation – for my team, for Dave, who’s been a good member of the team for many years and whilst I don’t think it was his intention… he’s a good guy.  When I went into the meeting I had no intention of… I just wanted to tell the story, say what happened.

I was misled and that’s the way it went.  I would like to say a big sorry to all my fans who have believed in me and supported for me for years.  Who I’ve showed you I am the past three years is who I am.  I’m not a liar. I’m not a dishonest person.  I’m a team player, and every time I’ve been informed to do something, I’ve done it.  This time I’ve realised that it was a huge mistake, and I’m learning from it.  It’s taken a huge toll on me.  I apologise for not speaking to you guys yesterday, but there was a lot to take in and a lot to deal with.  So I’m here to apologise to everyone and assure you it won’t happen again.

Q: Lewis, may I ask you how you feel about yourself – do you feel comfortable with yourself and what you’ve done?

Lewis Hamilton: No, this is why I’m here sitting in front of you. This is not an easy thing for anyone to do – to put their hand up, step back and realise they were in the wrong.  But the fact is I was in the wrong, and I owe it to my fans to let them know.  Like I said, I was misled. It’s easy to be misled sometimes and I realised that was the situation, which is why I’m here.

Q: You say you were misled. Did you talk to Dave Ryan before you went to the stewards and say ‘that doesn’t stack up with what I’ve just said or what I believe happened’, and how difficult was it for you to go in, knowing that what you were going to say was misleading?

LH: The thing is, we were rushed. I was still my suit and we straight up… When I came out from the garage we went straight there, and whilst we were waiting for Jarno [Trulli] to walk out, I was instructed.  I obviously acted as a team member. If the team have asked me to do something I’ve generally done it.  I didn’t have time to think about it, to think about what I was going to do; I went in and felt awkward, felt very uncomfortable.  I think the stewards could see that and I guess that’s why I’m in this position.  I’ve never felt so bad. Try to put yourself in my position and understand… Like I said, I’m not a liar, I’ve not gone through my life being a liar or dishonest.  So for people to have said I’m dishonest and for the world to think that… what can I say?

Q: Were other members of the team involved in the decision about what to say, or was it just you two?

LH: No, it was just me and Dave.

Q: Lewis, there was nothing wrong with what you did on the circuit, or with the radio conversation itself. Didn’t you ask yourself why the hell [Ryan] wanted to present this version?

LH: Like I said, I was literally just walking in so I didn’t have time to really think about it. But for sure afterwards I wasn’t completely sure why we were…  I mean, we hadn’t done anything wrong, we were just going in there to give an account of what had happened, regardless of whether I had third or fourth.  Jarno did a fantastic race and I had no intention of getting him a penalty. That’s not the way I think; I earn my points and my positions through hard work.

Q: Have you apologised to Jarno, and was it you who put pressure on the team to sack Ryan?

LH: As far as the second part of the question goes, that’s nothing to do with me.  Dave is a great guy and he’s worked for the team for many years, so he is feeling it just as much as the whole team.  I haven’t had the chance to speak to Jarno. I did actually see him before we went into the meeting and I said sorry for the situation at that time.

Q: When Jarno went off and you passed him – correctly, because he was off the track – why was there any decision at all about letting him back in front of you? I don’t understand that bit at all. Why didn’t you just stay there and why was there any radio communication?

LH: When the safety car comes out the team tell you time and time again, ‘no overtaking under yellow flags’. So, whilst that’s been drummed into, you’re dealing with everything that’s going on.  Jarno went off the track and clearly I went by him – I tried to avoid going by him but I went by.  Whilst I was sure in my mind that it was not my fault that I went by him, I had to be sure. I’d worked this hard to get from dead last on the grid to fourth place and I didn’t want the hard work to go out of the window by getting a penalty.  So I had to be sure. It’s better to be safe than sorry so I asked time and time again.

Q: Lewis, is this the worst thing you’ve ever had to do, and do you fear FIA retribution for the team which a lot of people have speculated on and the FIA have said is possible?

LH: This situation is definitely the worst thing I’ve experienced in my life and that’s why I’m here: because it’s right for me as a human being and as a man to stand in front of you all and tell you exactly what went on, to put my hands up and say I can’t tell you how sorry I am.  I’m sorry to my team, to my family for the embarrassment; it is a very, very embarrassing situation.

Q: And the FIA?

LH: I’m sure the FIA will act accordingly and in the right way. I don’t know what else is going to happen in the future.  I think now I’ve just got to try and focus on the race and try to move forward from this.

Team manager Martin Whitmarsh also gave a statement

Martin Whitmarsh: Well, okay obviously I have got to comment on what for our team is a very sad day today.

We have suspended a long standing sporting director, Dave Ryan. I think many people in this room will know Dave and will know of Dave. He has been with the team for 35 years. I have personally known him for 20 years and I think anyone who knows him, knows that he is a very straight forward, dedicated, hard working individual. However, it has become clear from discussions with Dave last night and through into this morning that during the stewards’ meeting he was not entirely full and truthful in answers that he gave the stewards and consequently we had no alternative today other than to suspend him. As you can imagine I think it is a very sad day for the team. We have got to deal with this weekend and we have got to look in a bit more detail at all of the events that surrounded that. From my perspective obviously it is a point of deep, deep regret. It is not how I wanted this year in particular to start and it is something for which the team and myself are not only deeply embarrassed but deeply regretful. I think for Dave is has been a shattering day for him.

Questions from the floor

Q: Talking about what happened to Mr Ryan. Does it mean that he was lying then to the stewards? MW: It means he was not truthful and full in his answer which is what I said.

Q: Martin, to follow that up, the impression we are getting from the statement is that Dave Ryan did this on his own. Are you telling us that there was no-one else involved in McLaren, senior to him, in this process? MW: Correct, there was no-one else senior. I think anyone who knows Davey will know that he did not set out with any deliberate intention to mislead the stewards. He went to that stewards meeting with Lewis, I am sure, with the intention of being very clear and straightforward but I think during the course of that meeting, as we explored it more with him, over the last 24 hours it became clear that he was not as full and comprehensive as he could have been.

Q: Could you explain also what Lewis’s precise role was because the stewards made it very clear to us that both Dave Ryan and Lewis specifically said that the team had not told them to allow (Jarno) Trulli to go past. So what did Lewis do? Did he follow Ryan? MW: I think Dave was the senior member of the team there and Dave has to take responsibility for leading that process. I think Lewis is going to talk to the media later and I am sure he will give a full account from his perspective. But this is something that was still unfolding until literally minutes before the first practice session. I had to take an incredibly difficult decision. I have personally known Dave for 20 years. If you go around this paddock and ask any team in any organisation of their experiences of Dave in terms of his dedication and commitment, so he is shattered by what has happened today. We need to take stock of that situation but there were two people in with the stewards but Dave is part of the management, he is the sporting director of this team, and as such he had the responsibility to ensure that the stewards received a full and entirely truthful account of what happened.

Q: There have been some very harsh things said about the team, particularly in the British press, including a suggestion that McLaren is contaminated by a culture of cheating. Is that the case? MW: No.

Q: What is the case? MW: The case is that Dave made a very serious error of judgement in going into that stewards meeting and he is paying the consequences of that. It is something that he deeply regrets, Lewis and I and the team regret, and it is something that we have got to put right.

Q: You say that Dave was not entirely truthful in front of the stewards but what about Lewis, was he truthful in front of the stewards? MW: No, I think that Lewis was not entirely truthful but we have spoken to Dave, he was the senior member of the team and they went into a situation together and I think they were trying to deal with the situation but they got it wrong. Dave, as the senior member of the team was responsible for what happened and therefore I took that decision this morning.

Q: Martin, what is the procedure or the process in terms of deciding what was going to be said? You were on the pit wall and so was Ron Dennis as much as Dave and anyone else. When this process was unfolding and you knew he had to go to the stewards what was done? What happens? MW: In truth the situation was that during this incident we were asking the stewards, well, we were asking race control, for a decision because we realised that Trulli had been let past. We did not think that was right because in fact the original overtake of Trulli was entirely legitimate as Trulli was not on the circuit. We believed that when all of the facts were presented to the stewards that they would recognise and they would restore the positions, so we asked for the race control and the stewards to look into it and Dave and Lewis went to the stewards to give their account.

Q: But did they talk to you about what should be said? MW: No. They did not because it was not necessary. We knew what had happened and there was a belief that a true and honest account of that would get the result, that the positions would have been reversed.

Q: So what got lost in translation? Lewis gave this interview or interviews saying ‘I was asked’ and then said ‘no’ in the stewards’ inquiry. Why, why did that happen? MW: Well, I think Lewis got out of the car and gave a truthful account of what happened. I believe that whilst they were at the stewards, Dave, who had been party to what had happened in Spa, was highly sensitive and I think in the heat of the moment, his judgment was to not give a true account, and I think Lewis was then led by that.

Q: Martin, I was just wondering what we should believe is the next step, given that Dave Ryan has been suspended as opposed to sacked or resigned. What does that mean, how will that develop?  MW: What it leaves now is that this is something that happened literally minutes before the first practice session.  Dave has been sent home and we need to, during the course of this weekend, understand exactly what happened and make the decisions about Dave’s future.

Q: And finally, from me, I was wondering if you, given all the fall-out from this, have given any consideration to whether you would resign from your role?  MW: I think there’s a lot of things going through my mind today and it’s happening during an event in which we’re trying to do the best job we can.  I think, as a team, at the moment, we’ve lost someone who is very much a significant anchor in this organisation and we’ve got to make sure that we pull together to do the best job that we can this weekend.  I think we’ve got to reflect on everything that’s happened over the course of the Australian weekend, after this race has finished.

Q: So you don’t rule that in or out?  MW: I don’t rule anything in or out. I think at the moment, what we are keen and earnest to do today is make sure that we put our hands up and say it was a serious error of judgement during that process and that we make sure that we come clean on that fact.

Q: Mr Whitmarsh, have you had the chance to see the precise words which were spoken between the stewards and your two team members?  MW: No, I haven’t. Ordinarily they aren’t minuted and I believe one of the stewards didn’t bring his notebook from Australia but we have no access to that.  All we can do is ask the driver and the team manager what was said in that meeting.

Q: But shouldn’t that be recorded for the future?  MW: Well, again, I think at the moment it’s not for me to make that judgement.  I think what the stewards should rely upon is that when the teams are called before them, they will give a totally true and open account of what happened.

Q: Where do Lewis and his manager stand with the team at the moment, how are relations between them and you and whether their reaction to what’s gone on was the factor in Dave Ryan going and whether it’s still a factor in how you’re evaluating your next step as well?  MW: No, it’s not a factor.  Lewis is not only a very committed member of the team, he’s a long-standing friend of many of us in the team who have known him since he was a lad.  Anthony [Lewis's father] is similarly well-regarded.  They are solid supporters of the team, consider themselves to be part of it.  They weren’t involved in the sad decision with Dave Ryan, they learned after the event, Lewis didn’t know until after P1 this morning.  So they had no bearing on it, they weren’t involved in it.  We have to manage the business, they know and understand that and I would say the relationship – at the moment, it’s a very difficult time for the team.  We’ve got to make sure that we come out of it understanding and learning and hopefully with even stronger relationships than we started with.

Q: There’s one thing that I don’t understand very much, Mr Whitmarsh. Does it mean that you only learned this morning from Mr Ryan that he was not entirely truthful, because yesterday when you talked to us, it was something completely different, and it was after you read what the stewards sent out as a press release that you saw there was some inconsistency from what you said and what you knew?  MW: I think in these situations people strive to convince themselves that they have been entirely true and honest in all of their answers and of course you can technically answer something and convince yourself that it is truth.  Dave was clear that he had not lied and we believed that.  As we dealt with the unfolding situation of yesterday, the more that we discussed it, the more that we believed that the answers that were given were not full and honest in the way that we would expect them to be.

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Lewis Hamilton stripped of Australian Grand Prix 3rd Place

April 2nd, 2009 BrawnGPNews No comments

At the moment it seems ever other post I write is about the 2009 Australian Grand Prix results.  I’m sorry to say that they have changed again.  Lewis Hamilton has been disqualified from the Australian Grand Prix results and Jarno Trulli who was given a 25 second penalty dropping him to 12th has now been reinstated in third place.

Originally Trulli maintained to stewards that while under the safety car Hamilton slowed to the point that he had no choice but to pass, the stewards believed he tried to retake his position which Hamilton took (rightfully) after Trulli went briefly off track.  At the stewards enquiry Hamilton and McLaren stated that they had not deliberately let Trulli past.

However since then several things have come to light, straight after a race Hamilton told a journalist that he let Trulli through, the Pit to Car radio reveals that Lewis and McLaren discussed whether Trulli should be let through and agreed to let him through.

The Stewards, having learned about the radio exchanges and the Media interview, felt strongly that they had been misled by the driver and his Team Manager which led to Jarno Trulli being unfairly penalised and Lewis Hamilton gaining third place.

Therefore Jarno Trulli has been re awarded third place and Lewis Hamilton has been disqualified

The full statement by the FIA reads below including Hamiltons radio conversation…

PENALTY IMPOSED ON DRIVER NO 1 LEWIS HAMILTON AND COMPETITOR VODAFONE MCLAREN MERCEDES

SUMMARY OF KEY CONSIDERATIONS
At the first hearing following the Australian Grand Prix the Stewards did not have the benefit of the radio exchanges between driver No 1 Lewis Hamilton and his Team Vodafone McLaren Mercedes nor did they have access to the comments to the Media given by Lewis Hamilton immediately after the end of the race.

From the video recordings available to the Stewards during the hearing it appeared that Jarno Trulli’s car left the track and car No 1 moved into third place. It then appeared that Trulli overtook Hamilton to regain third place, which at the time was prohibited as it was during the Safety Car period.

During the hearing, held approximately one hour after the end of the race, the Stewards and the Race Director questioned Lewis Hamilton and his Team Manager David Ryan specifically about whether there had been an instruction given to Hamilton to allow Trulli to overtake. Both the driver and the Team Manager stated that no such instruction had been given. The Race Director specifically asked Hamilton whether he had consciously allowed Trulli to overtake. Hamilton insisted that he had not done so.

The new elements presented to the Stewards several days after the 2009 Australian Grand Prix which led to the reconvened Stewards Meeting clearly show that:

a. Immediately after the race and before Lewis Hamilton attended the Stewards Meeting he gave an interview to the Media where he clearly stated that the Team had told him to let Trulli pass.

b. Furthermore, the radio exchanges between the driver and the Team contain two explicit orders from the Team to let the Toyota pass.

The Stewards, having learned about the radio exchanges and the Media interview, felt strongly that they had been misled by the driver and his Team Manager which led to Jarno Trulli being unfairly penalised and Lewis Hamilton gaining third place.

Transcript of the radio transmission between Lewis Hamilton and his team:

Team: OK Lewis, you should need to make sure your delta is positive over the safety car line. After the safety car line the delta doesn’t matter but no overtaking. No overtaking.

Lewis Hamilton: The Toyota went off in a line at the second corner, …, is this OK?

Team: Understood, Lewis. We’ll confirm and get back to you.

LH: He was off the track. He went wide.

Team: Lewis, you need to allow the Toyota through. Allow the Toyota through now.

LH: OK.

LH: He’s slowed right down in front of me.

Team: OK, Lewis. Stay ahead for the time being. Stay ahead. We will get back to you. We are talking to Charlie.

LH: I let him past already.

Team: OK, Lewis. That’s fine. That’s fine. Hold position. Hold position.

LH: Tell Charlie I already overtook him. I just let him past.

Team: I understand Lewis. We are checking. Now can we go to yellow G 5, yellow Golf 5.

LH: I don’t have to let him past I should be able to take that position back, if he made a mistake.

Team: Yes, we understand Lewis. Let’s just do it by the book. We are asking Charlie now. You are in P4. If you hold this position. Just keep it together.

Team: OK Lewis, your KERS is full, your KERS is full. Just be aware. You can go back to black F2, black Foxtrott 2.

LH: Any news from Charlie whether I can take it back or not.

Team: Still waiting on a response Lewis, still waiting.

Team: Lewis, work on your brakes please. Front brakes are cold.

Team: If we are able to use one KERS that would be good. If you deploy KERS please do so now.

Team: OK, Lewis, this is the last lap of the race. At the end of the lap the safety car will come in, you just proceed over the line without overtaking, without overtaking. We are looking into the Trulli thing, but just hold position.

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