- 10 Sep 08, 14:34#64277From Planet F1:
McLaren appeal likely to be heard after Italian GP
Wednesday 10th September 2008
The appeal against the 25-second penalty handed to Lewis Hamilton following his Belgian Grand Prix victory is likely to be heard between the Italian and Singapore GPs.
McLaren on Tuesday lodged an official protest against the stewards' decision to demote the Englishman to third after they ruled he gained an unfair advantage when he cut the chicane while trying to overtake Kimi Raikkonen at Spa.
The Woking-based team's appeal is based on the fact that race officials twice reassured them that Hamilton's move past Raikkonen was "okay".
In a statement McLaren CEO Martin Whitmarsh said: "From the pit wall, we then asked Race Control to confirm that they were comfortable that Lewis had allowed Kimi to repass, and they confirmed twice that they believed that the position had been given back in a manner that was 'okay'.
"If Race Control had instead expressed any concern regarding Lewis's actions at that time, we would have instructed Lewis to allow Kimi to repass for a second time."
McLaren also feel they have evidence that Hamilton slowed down just before the start/finish line at Spa.
Hamilton said in the statement: "The team also came on the radio and instructed me to allow Kimi to repass, which I had already done. As a result, Kimi crossed the start/finish line ahead of me and 6.7km/h quicker than me.
"After allowing Kimi to completely repass, I crossed from the left side of the track to the right side of the track, passing behind Kimi in the process. I then attacked Kimi on the inside of the first corner, and successfully outbraked him."
McLaren, though, may be up against it as the FIA's court of appeal could dismiss their case as confusion reigns over whether or not motorsport's governing body even have a case to answer.
Article 152 of the FIA's International Sporting Code states a drive-through penalty is 'not susceptible to appeal'.
However, the McLaren bosses feel they have a case as the penalty was handed down retrospectively. If their appeal is successful Hamilton's victory will be restored, but if they fail they face the risk of an even greater penalty.

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