TFSA wrote: ↑04 Mar 2024, 16:00
- Red Bull not sharing private information does not constitute a "cover-up". Red Bull has a duty to protect the involved actors when investigating this.
- The FIA does still not have the power to investigate this. They cannot request access to information to which they are not privy, which includes other people's private communication. And if a proper investigation cannot be carried out, then the FIA can't act.
It's getting to the point that I'm repeating myself here, so unless something new is brought to my attention regarding this, I'll finish by standing by my above points: the reason the FIA isn't doing anything except trying to put out fires is that they can't do anything. That simple. They are not privy to the information they need to investigate this.
I didn't say RB had to release the private information. The cover up I am alleging is the board of Red Bull GmbH overruling RBR in dismissing the grievance and keeping Horner in place. If the messages turn out to be true, and there is no evidence they are not, then there's a very strong case that Horner is in breach of employment law and one would imagine Red Bull's policies. If so then dismissing the grievance constitutes a cover up to protect him.
May I draw your attention to articles 12.2.1c of the International Sporting Code includes the offence of "any act prejudicial to the interests... of motorsport generally"; 12.2.1.f "Any words, deeds or writings that have caused moral injury or loss to the FIA, its bodies, its members or its executive officers, and more generally on the interest of motor sport and on the values defended by the FIA."; 12.2.1.k "Any Misconduct".
I believe those articles constitute reason for the FIA to have interest in Horner's conduct, treatment of personnel at FIA sporting events, and the conduct of Red Bull in their investigations into the grievance.
12.2.1.o sets out one possible punishment, "Failure to comply with the instructions of the FIA regarding the appointment and participation of persons during official ceremonies at any Competition counting towards a FIA Championship", allowing the FIA to bar Horner from participating in the sport.
12.2.1.g covers why Red Bull would have to comply with any investigation in full: "Any failure to cooperate in an investigation".
It's clear to me that under the ISC, which both Red Bull and Horner are signatories of, that the FIA have the power to investigate, the jurisdiction to exclude Horner, and via Article 8.7 in the Sporting Regulations the power to exclude Red Bull from the championship should they chose to do so.