Macaluso responds to Dennis

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By Biranit Goren Thursday, August 2nd 2007, 18:39 GMT


Italian motorsport authority president Luigi Macaluso hopes the International Court of Appeal will set a precedent of how the sport should deal with affairs such as the current spying scandal surrounding Ferrari and McLaren.

In a letter responding to McLaren CEO Ron Dennis, Macaluso emphasised he is not in a position to address Dennis's claims.

Instead, the Italian reiterated his view that the World Motor Sport Council's verdict last week - which found McLaren in breach of the sporting regulations but at the same would not penalise the team - was insufficient.

"McLaren was found in breach of Article 151c of the International Sporting Code, but nevertheless escaped any penalty," Macaluso wrote.

"It is clearly in the interest of the sport that the appropriate precedent for dealing with events such as these is set."

FIA president Max Mosley has referred the case to the International Court of Appeal following an exchange of letters with Macaluso.

This decision has led Dennis to send the Italian a lengthy letter yesterday.

Below is Macaluso's full response to Dennis of today:

2 August 2007

Dear Mr Dennis,

Article 151c of the International Sporting Code

I refer to your letter of 1 August 2007.

It is apparent from your letter that there is a distinct difference between McLaren's view of events and that of Ferrari. It therefore seems appropriate for the matter to be reviewed by the International Court of Appeal as decided by the FIA President, Mr Mosley.

It is not my role nor would it be appropriate for me to answer your various points. It will be for the Court of Appeal to do so.

In any event, I would limit myself to stress that McLaren was found in breach of Article 151c of the International Sporting Code, but nevertheless escaped any penalty.

As Mr Mosley indicated in his letter of 31 July 2007, it is important for the World Championship that the correct outcome is reached. It is clearly in the interest of the sport that the appropriate precedent for dealing with events such as these is set.

At the hearing of the World Motor Sport Council on 26 July 2007, Ferrari was legally represented but attended the meeting merely as an observer.

It accordingly did not have sufficient opportunity to present to the Council or ask questions of key individuals involved in this matter in order to test their evidence.

A hearing before the International Court of Appeal will allow Ferrari an opportunity to present its evidence and arguments in detail.

Yours sincerely

Luigi Macaluso
The President of ACI-CSAI

Copy:
Mr. Max Mosley (President FIA)
Mr. Jean Todt (CEO Ferrari SpA)

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Dennis refutes Macaluso's claims

By Biranit Goren Friday, August 3rd 2007, 16:32 GMT


The spying affair involving Ferrari and McLaren continued to unfold through open exchange of letters and statements, with McLaren CEO Ron Dennis taking turn to respond today.

After an exchange of letters between FIA president Max Mosley and Italian motorsport authority president Luigi Macaluso - with both letters made public by the FIA - Dennis sent a lengthy letter to Macaluso two days ago.

That letter, in which Dennis stakes his team's version of the events in the spying affair, was made public on Wednesday by McLaren.

Macaluso, in turn, responded to Dennis yesterday, also making his letter public, and, sure enough, Dennis responded today in kind.

This time, Dennis refutes Macaluso's claims that Ferrari were not given sufficient opportunity to claim their case in front of the World Motor Sport Council last week.

"We are ... not comfortable with any attempt to undermine the credibility of the decision of the WMSC by a misleading version of events portraying Ferrari as having had insufficient opportunity to present its case," Dennis writes.

"If Ferrari had wished to: submit more than 118 pages by way of written submission; ask more questions; or make longer oral submissions then it could have done so. It is therefore not a case of an insufficient opportunity but just dissatisfaction with the outcome."

Below is Dennis's full letter to Macaluso:

3 August 2007

Dear Mr Macaluso,

Thank you for your letter of 2nd August.

My purpose in writing to you was to put forward a true record of the facts, given that, in the period leading up to and since the WMSC hearing, McLaren's reputation has been attacked by a series of incorrect press reports from Italy and grossly misleading statements from Ferrari itself.

Your letter of 1st August which was published to the media continued this campaign and left me with no alternative other than to respond.

You mention that Ferrari did not have "sufficient opportunity to present to the Court or ask questions of key individuals". This is not correct.

Ferrari submitted a 118 page written submission which was sent to WMSC members on 20th July, prior to circulating the McLaren submission four days later and only two days before the hearing.

Ferrari had lawyers of its choosing present and were at no stage prevented from asking questions or making submissions. Indeed Ferrari did make submissions and ask questions of witnesses.

If the ICA choose to permit an appeal then we are confident that the unanimous decision of the WMSC will be upheld. We are, however, not comfortable with any attempt to undermine the credibility of the decision of the WMSC by a misleading version of events portraying Ferrari as having had insufficient opportunity to present its case.

If Ferrari had wished to: submit more than 118 pages by way of written submission; ask more questions; or make longer oral submissions then it could have done so. It is therefore not a case of an insufficient opportunity but just dissatisfaction with the outcome.

I did not intend to publish this letter but as I now find that your letter to me has been published I have no alternative other than to do this. I suggest that we now leave this process to the internal consideration of the FIA.

Yours sincerely,

Ron Dennis CBE
Chairman & CEO

Copy:
Mr M Mosley (President - FIA)
Mr J Todt (CEO - Ferrari SpA)