The FIA have decided that the recent verdict and lack of penalty "against" McLaren for possessing detailed Ferrari report may have shaken public confidence in the sport....

Max Mosely has responded to a request from the Italian Motorsport Commission to have the case sent to the appeal court.

Now, all teams have been invited to make representation if they want to. 

In his reply, Max Mosely wrote:

 “Your letter [Macaluso’s] suggests that the outcome may have been different if the Council had given Ferrari further opportunities to be heard beyond those that were in fact offered,”.

“Because of this and the importance of public confidence in the outcome, I will send this matter to the FIA Court of Appeal under Article 23.1 of the FIA Statutes with a request that the Court hear both Ferrari and McLaren and any other Championship competitor who so requests and determine whether the decision of the WMSC was appropriate and, if not, substitute such other decision as may be just.”

My thoughts: 

Dear oh dear, Max is losing it. Either he has no confidence in his first court procedure (quite likely on the basis that the guilty verdict brought no penalty at all) ... or he is buckling to pressure from Ferrari and Italy (just as likely really).

Let's see if this time a not-guilty verdict can be given to justify the lack of penalty - or a penalty added to match the guilty verdict.

I have studied a little bit of law, and I don't remember the "guilty but no penalty" being cited very often at all. But then we aren't talking real law here - just rules made to try and keep the business of sport above board.

The FIA can do what they like, but to think that public confidence will be restored is a bit like thinking the public thought that Spyker really was going to win the European GP after getting to the front for three laps...

Nice thought, but so far wide of the mark that it is laughable.

Max, I am laughing.