Absolutely and likewise
Mephistopheles.
A few things have occurred to me, now that I have read the IT reports from Sky, BBC, James Allen on F1 and some other sources..
Thus far from what has reached the public domain it seems that the cases for the defense have been as I assumed when I posted at the beginning if this month. What perturbs me is the apparent absence of anyone really biting the bullet with regard to the lack of
specific regulations for Pirelli led testing (or with regard to any supplier led, for that matter).
The FIA position is almost tantamount to an assumption that the Pirelli contract binds them to the Sporting Regulations whilst Pirelli's stance is that they don't. By inference, Pirelli's position suggests that nothing in their contract says anything about a testing need or regime that hadn't even been thought of when the contract was written.
The FIA's own communication giving Pirelli dispensation to do these 1,000km tests does actually specify that Pirelli run them and that Pirelli has the duty to inform all of the other teams. That was the view relayed back to Mercedes from the FIA legal department. Since it was not a Mercedes test then the FIA's own communique with Pirelli is actually corroborated by theFIA's own legal eagle's opinion as relayed back to Mercedes. It is also apparent that it was not "a phone call" but at least two telephone conversations between Whiting and Mercedes and email communications between Whiting and the legal department. It is therefore not unreasonable for Mercedes to assume that they took the proper precautionary steps via consultation with Whiting since the terms cited by the legal department were in fact already known to Pirelli.
So it all goes back to the lack of regulations covering the test. Again the FIA's opinion relayed by Whiting implies that they know there's a problem because they in effect ask for the holder of the test to tell
them (FIA) what they (Pirelli) planned to do and how they were to do it. Surely that should have been agreed between Pirelli and the FIA when the dispensation to test was given along with a set of draft rules drawn up to cover foreseeable eventualities.
Unfortunately the reporting is sketchy as to
all of the content of the arguments at the IT so we can't judge for ourselves whether this was gone into in more detail. However, from where I sit at a comfortable distance what I've said in that last paragraph does not appear to have been raised at the IT. I think that issue is more important than the communications foul up that lies at the heart of this whole farce-gate.
Finally, if the arguments against Mercedes case hold up then the Ferrari test held on the Catalunya circuit just prior to the Spanish GP must surely need a revisit. Testing on a track just prior to a GP on that very same circuit is an absolute no-no in anybody's book.