Presumably Ferrari's stuff was already looked into too? To be honest, this is Mercedes trying to make a legal argument against Ferarri right? At this point I have little faith in any of Mercedes legal arguments, Ferrari are quite possibly more than able to defend themselves, remember they weren't at the hearing, seeing as the FIA didn't take their case to a hearing. Ferrari haven't even had a chance to rebut yet.
Doesn't even seem like the strongest line of argument, anyway.
Anyway, let me quote from the article, I haven't yet:
[codeFIA counsel Mark Howard said Mercedes did ask in general terms about using a 2013 car at the test.
But he said any permission given was conditional on the other teams being informed, which they were not.
Howard said: "
There was no attempt whatsoever by Mercedes to involve the other teams in order to ensure that no perception of an advantage was obtained."
][/code]
The FIA said the evidence would be re-read on Thursday before the publishing of the verdict on Friday.
The tribunal heard that Mercedes sporting director Ron Meadows spoke to FIA race director Charlie Whiting on 2 May to ask whether testing with a 2013 car was permissible. Team principal Ross Brawn then made a similar enquiry in a telephone call later that day.
Howard, for the FIA, said: "Whiting was asked a general and non-specific question - the general question on the permissibility of using a 2013 car.
"His preliminary response was that such a test would comply with article 22 [of the sporting regulations] providing the purpose was for Pirelli to test its tyre and he would check."
Whiting's advice from the FIA legal department was that it could be possible to allow a team to use a 2013 car to test, but it would be subject to Pirelli inviting all the other teams to test and to demonstrate it had done so. This did not happen.
Howard said Whiting told Brawn about the FIA's legal position but added that it was not binding.
Harris later added: "We acted in good faith. If there is to be any sanction it has to be a minor one taking that into consideration."
The FIA said in response that Pirelli's contract with the governing body made it clear it was bound by the F1 regulations.
Adding:
Brawn insisted that while it was "inevitable" Mercedes would have gained some knowledge from the test it would not have been a competitive advantage because they did not know what tyres they were testing.
"We didn't know what the tyres were; we didn't know what the detail objectives were of what Pirelli were doing," he said
Isn't that not what Rosberg said?
http://www.bbc.co.uk/sport/0/formula1/22984415
great pic!!
