Saturday, October 31, 2015

Rossi, because the appeal to the CAS may be a boomerang – La Gazzetta dello Sport

The appeal to the CAS could threaten the third place of Rossi in Sepang

The appeal to the Court of Arbitration for Sport to get the cancellation penalty departing could pose a risk to Valentino Rossi. The court in Lausanne does have the ability to amend or delete the verdicts sporting authority (as requested VRR46) but also weighing it down, if it is established that the decision to Sepang was too bland. There is a disturbing precedent: Noriyuki Haga in 2000 lost the World Superbike Championship at the table as a result of the judgment TAS which came two days before the decisive race at Brands Hatch (GB). Haga was Yamaha rider, just like Vale …

The seat of the CAS in Lausanne (Switzerland)

WHAT ‘THE TAS – And’ a self-created court in 1984 to settle questions of sport internationally. It is based in Lausanne (Switzerland) and is presided over by Judge Australian John Coates. The decision to start Valentino Rossi last (25th position) to the authorities in Valencia MotoGP is already final: the first verdict established by the Race Direction has been confirmed by the International Motorcycling Federmoto Sunday evening at Sepang after the appeal presented by Yamaha . Now there remains only the TAS. Rossi calls for the cancellation of the sanction (3 points) or alternatively only one penalty point. In this case the obligation to jump from the bottom of the grid in Valencia.

Superbike 2000 Noriyuki Haga was Yamaha

CASE HAGA – In the opening of the World at Kyalami (South Africa) Haga took second in the first race behind the Texan Colin Edwards (Honda) and then won the second, scoring 45 points on 50 available. It turned out, however, positive for doping for taking ephedrine, a stimulant with effects quite mild but included in the black list. The result remained sub judice for 40 days then in the first instance Federmoto International decided to delete the provision for 45 points a month of suspension. Yamaha appealed and it took until June 30, half camponato: was confirmed in loss of points but the disqualification fù shortened to three weeks “ to allow Haga to run the Suzuka 8 hours” wrote FIM judges in judgment. The effects of which were frozen by the appeal to the CAS, the third and last instance. Meanwhile races succeeded and Haga continued to play for the World against Edwards. The final word was written two days before the final round. The CAS rejected the defense argument, that is, by taking a normal weight-loss product, but changed heavily the verdict of the appeal FIM. It was considered valid only disqualification imposed after Race 2, while Haga was reinstated in the ranking of the first race because the doping control had been made only to complete the event. The disqualification was reported at four weeks of the first degree, by deleting the “sweetener” that had allowed the participation in the 8 hours.

Vale and Jorge, the duel continues. Even in court?

THE EFFECTS – If the TAS had quashed the loss score Haga would arrive at the GP final in only two points from Edwards, with 50 in grabs. Instead they could not take off due to the disqualification. Even in the case of Valentino the TAS may decide otherwise by judicial bodies MotoGP (FIM and Dorna). In the eyes of a judge outside the ruling of the race direction may appear contradictory: they wrote that Rossi made an incorrect maneuver but decided to let him finish the race in the same position it was in at the time of the incident. The decision to penalize only Valentino in the next race may seem like a “political sop”, just like the week of disqualification subscribes to Haga’s call for him to run Suzuka. In addition, the race direction not sanctioned Marquez, not even mentioned in the device: it is impossible to bring up the Spaniard, as the court of third instance (as the Supreme Court) sentencing only on the basis of existing documents, and you can not interpose deductions or tests in addition. So: the SLT can delete the last place on the grid but also the 16 points for third place. In that case Lorenzo start from +9 and would be enough to reach the third, in case of success of Rossi. A situation much worse than starting from the bottom, but with 7-point lead.

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