How do you solve a problem like Briatore?

Like it? Share it!

Written by Kate Walker

Monday, 30 November 2009 22:23

Even those with the shortest of memories will remember why Flavio Briatore, Italian billionaire and former team principal of Renault F1, is no longer involved in motorsport. Following revelations earlier this year that a triumvirate from Renault – Briatore, Pat Symonds, and driver Nelson Piquet Jr – were responsible for orchestrating what has since been called the worst case of cheating in the history of sport, the International Automobile Federation (FIA) barred Briatore from future involvement in FIA-sanctioned motorsport.

Whether or not that ban was legal is currently being considered by the French tribunal courts. An announcement is expected on 5 January 2010.

I am of the belief that the dossiers of evidence put forth by the FIA were sufficient to find Briatore guilty of involvement in Crash-gate, and this piece is not intended to find the man guilty or innocent. Briatore has not asked the French courts to consider his guilt or innocence in the matter. Rather, their brief has been to examine the legality of the ban handed down by the FIA.

It is a murky situation, and one that the FIA created for themselves.

As the FIA does not require team principals to hold FIA licenses, it was not possible for the World Motorsport Council (WMSC) to revoke Briatore’s license and prevent him from becoming involved in F1 in a different capacity. Instead, Briatore was banned from motorsport in much the same way as schoolgirls in 1950s books were sent to Coventry – any one who does hold an FIA license has been barred from dealing with Briatore, under pain of losing their license (or superlicense).

This point forms the basis of Briatore’s appeal. His involvement in motorsport was not just that of team principal for Renault: he was also a driver manager, and tangentially involved in other race series. While his varied business interests are well-known, and include a football team, a fashion label, and the Billionaire nightclub, Briatore is arguing that the ban by association under which he currently suffers is having a negative impact on his earning capacity, and as such is a violation of his human rights. Or something – it’s a complex issue.

Like many of you, I was shocked to read the evidence surrounding the Crash-gate scandal. The FIA have full dossiers of the evidence and mp3s of the hearing and verdict up on their website, and they’re fairly conclusive. Almost as shocking as the charges themselves was Briatore’s dismissal of the enterprise as a kangaroo court beneath his notice. Despite overwhelming evidence to support claims that Briatore knew of the plan to crash prior to the event, he complained that ‘the FIA [had] been used as a tool of vengeance on behalf of one man’.

No, the WMSC is not a regulatory body with powers equivalent to the Supreme Court or The Hague, but it’s the highest judicial body within motorsport. Given that criminal charges for race-fixing, reckless endangerment, attempted suicide (all possible charges given the circumstances) were never filed in Singapore, the case was not destined to be heard in their criminal courts. Unless a civil or criminal case were heard – which Briatore tried, when he and Renault attempted to co-sue the Piquets for slander in the French courts before the case was dropped by Renault – the WMSC hearing marked the only opportunity Briatore would have to proclaim his innocence.

If the French courts find in his favour, and the WMSC ban on Briatore is overturned, we will almost certainly see the flamboyant Italian back in the paddock as a guest. His involvement in F1 spans two decades and numerous friendships, so race tickets and paddock passes are a near certainty.
What is less certain, however, is the possible relationship between the French verdict and the future of Renault F1.

Renault have yet to say definitively what they expect their role to be in F1 in the 2010 season. Following the board’s extraordinary meeting (do boards have mundane meetings, or are they just trying to make mundane meetings sound exciting?) the day after Toyota announced it would be withdrawing from the sport, the interweb has been abuzz with gossip.

The three main options seem to be: (a) leave F1 altogether; (b) stay in F1 until the Concorde Agreement expires/someone buys the team from them; or (c) stay in F1 as an engine supplier only.

Over the past few days, however, another rumour has gained ground. The story – and it is just a story – goes that Renault are waiting for the French verdict on 5 January before announcing their plans for the future. If the court finds in favour of Briatore and strips him of the lifetime ban-by-association, the rumour goes, Renault may well sell the team to their former principal.

It’s certainly possible, although I don’t think it’s likely. Briatore would have problems attracting sponsors to Briatore GP, and his personal wealth would go only so far. Those outside of Formula 1 who have heard of Briatore now associate his brand with scandal, and that would be damaging to anyone who chose to invest.

Unlikely doesn’t mean much in the F1 circus, however. Islands in the desert are pretty unlikely in the real world.

Unlikely or not, the FIA could just about stop Briatore from coming back with a vengeance. (Literally, one presumes!) I don’t know the ins and outs of the internal workings of the FIA – it’s a Sisyphean task, but I am learning slowly – but it seems obvious: Rush through a change to the rule book that requires all team principals to hold FIA licenses. Issue automatic licenses to any current team principal, rush through the applications of the 2010 newbies, and fail Briatore under the standard ‘fit and proper persons’ test.

That’s how you solve a problem like Briatore. by Kate Walker for Girlracer Magazine www.girlracer.co.uk