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post #11 of 38 (permalink) Old 07-10-2007, 11:55 AM
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Analysis: Ferrari see Coughlan in court

By Biranit Goren Tuesday, July 10th 2007, 15:10 GMT


Ferrari are seeking a search order for a computer 'in possession of a third party', which has been used by McLaren's chief designer Mike Coughlan, it has emerged today.

It is believed Ferrari's request relates to Coughlan's workstation at McLaren, although the specific details of Ferrari's application were not made public.

The hearing at Court 59 in London's High Court today followed up on a search order granted by the court last week, with the judge consenting to transfer to Ferrari the material recovered during that search.

The search at Coughlan's house recovered two computer discs, which are said to include 780 confidential pages with technical information belonging to Ferrari.

These discs have since been held by an independent supervising solicitor appointed by the court, but today Ferrari requested these discs will be transferred to them, and with no objection from Coughlan's lawyer, the right honourable Judge Briggs has consented.

Another request made in today's application relates to permitting Ferrari to hand over the information and material so far gathered under the court order to the Italian legal authorities, where a criminal investigation is held against ex-Ferrari employee Nigel Stepney.

Ferrari are bound by the court to keep all information tied to the case in confidence and may not transfer the information to anyone, including the Modena district attorney or the FIA, without the court's permission.

Judge Briggs is set to hear Ferrari's arguments tomorrow and could make a decision then.

But tomorrow's session, at 10:30am, will primarily centre around Mike Coughlan's affidavit - or lack of it.

Coughlan was ordered by the court to provide an affidavit detailing his involvement in this case and how he came in possession of Ferrari's documents.

But his attorney asked today for a continuance, saying it is yet unclear whether or not Coughlan's affidavit could be self-incriminating and used against him in criminal proceedings in Italy.

Coughlan is not named as a defendant in the Modenese court case, while the London case is a civil one.

His lawyer explained that they are still waiting for clarification regarding the Italian law, apparently concerned that Coughlan's affidavit could then be used to bring criminal charges against him in Italy.

Ferrari's lawyers, however, argued that Coughlan, who so far co-operated with the court-ordered search and subsequent investigation, has already waived any privilege against self-incrimination.

The court adjourned the debate until tomorrow, at which time Coughlan either provides an affidavit, or the two sides argue whether or not he can claim privilege. Coughlan's lawyer must, however, inform Ferrari's lawyers this afternoon what he decides to do, to allow them to prepare for tomorrow's hearing.

If Coughlan decides to argue privilege, it will be down to Judge Briggs to decide whether to accept this or not, and that decision may not necessarily be made immediately tomorrow.

Ferrari's lawyers emphasized the importance of such affidavit, stating there are a few crucial questions that remain unanswered or unclear.

Firstly, they pointed to a discrepancy in the dates of the events. According to the evidence gathered from the photocopying agency, which tipped Ferrari off to begin with, the documents were copied, scanned or printed on or around the 2nd or 3rd of May.

McLaren's statement last week said Coughlan obtained Ferrari's documents at the end of April, and Ferrari are not satisfied with the explanations so far provided to them by Coughlan on how exactly he obtained these documents and what he did with them thereafter.

Furthermore, Ferrari want to know when exactly Coughlan told McLaren team manager Jonathan Neale about these documents - although the Italians made it clear they are not taking legal action against Neale himself.

All the while, Coughlan himself sat at the back row of Court 59 looking despondent and perhaps overwhelmed. His affidavit, should he end up submitting it, will no doubt shed light on this entire affair. But that affidavit too will not be made public, not just yet. And for now, at least where the media is concerned, Coughlan maintains his silence.


autosport.com - F1 News: Analysis: Ferrari see Coughlan in court

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post #12 of 38 (permalink) Old 07-10-2007, 10:59 PM
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after nick fry's statement i reckon mclaren's competely innocent, but the 2 accused are def guilty...i think they were trying to go to honda and get a highly paid job...
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post #13 of 38 (permalink) Old 07-12-2007, 03:39 PM
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Season 2007 - McLaren charged by FIA over spy scandal

Eurosport - Thu, 12 Jul 17:13:00 2007

McLaren have been charged by Formula One's governing body with breaking the sport's rules, following an investigation by the FIA.

More StoriesCoughlan agrees to talk
McLaren re-assure Ferrari over leak
The British team will have to appear in front of the FIA World Motorsport Council on July 26 on charges relating the current spy scandal involving their chief designer Mike Coughlan, namely that they used Ferrari technical secrets on their cars.

An FIA Statement read: "The team representatives have been called to answer a charge that between March and July 2007, in breach of Article 151c of the International Sporting Code, Vodafone McLaren Mercedes had unauthorised possession of documents and confidential information belonging to Scuderia Ferrari Marlboro, including information that could be used to design, engineer, build, check, test, develop and/or run a 2007 Ferrari Formula One car."

Coughlan, who swore an affidavit to Ferrari in London's High Court on Wednesday, is currently suspended from duty after being found in possession of technical details they claim he obtained from their former technical manager Nigel Stepney.

FIA president Max Mosley confirmed over the British Grand Prix weekend that British superstar Lewis Hamilton - the championship leader - and team-mate Fernando Alonso, could be docked points if McLaren are found guilty of bringing the sport into disrepute.

McLaren responded to the charges with their own statement, re-iterating their stance that they, as a team, have done nothing wrong.

The statement read: "McLaren is extremely disappointed to note that it has been asked by the FIA to answer a charge of being in possession of certain documents and confidential information belonging to Ferrari.

"Whilst McLaren wishes to continue its full co-operation with any investigation into this matter, it does wish to make it very clear that the documents and confidential information were only in the possession of one currently suspended employee on an unauthorised basis and no element of it has been used in relation to McLaren's Formula 1 cars."

Stepney meanwhile, who is at the centre of a criminal investigation in Italy for what Ferrari claim is his part in the scandal, continues to protest his innocence of any wrongdoing.

Jamie O'Leary / Eurosport

Last edited by Teutone; 07-12-2007 at 03:41 PM. Reason: McLaren charged by FIA over spy scandal
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post #14 of 38 (permalink) Old 07-13-2007, 10:59 AM
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From The Daily Telegraph Telegraph.co.uk

Telegraph.co.uk
Expulsion threat to Hamilton and Alonso
By Kevin Garside
Last Updated: 1:28pm BST 13/07/2007

Lewis Hamilton's dream of winning the Formula One world title in his debut season is in jeopardy after the 'Ferrarigate' spying scandal stepped up a gear yesterday.

The Briton, who leads the race for the title by 12 points, and team-mate Fernando Alonso face expulsion from the championship following the decision by F1's ruling body, the FIA, to charge McLaren with a breach of the international sporting code.

The team have been ordered to appear before the FIA's world motor sport council in Paris on July 26, four days after the European Grand Prix at the Nurburgring, to answer for the discovery of a 780-page dossier detailing Ferrari secrets in the possession of their chief designer, Mike Coughlan.

The fact that Coughlan had the files, with or without the knowledge of his superiors, thrust McLaren into the clutches of Article 151c of the sporting code, which deals with "any fraudulent conduct or any act prejudicial to the interests of any competition or to the interests of motor sport generally".

Coughlan has given a full account of his involvement to Ferrari in a sworn affidavit. Ferrari were given permission by the High Court in London to make that affidavit available to the FIA.

In a statement, the FIA said: "The team representatives have been called to answer a charge that between March and July 2007, in breach of article 151c of the international sporting code, Vodafone McLaren Mercedes had unauthorised possession of documents and confidential information belonging to Scuderia Ferrari Marlboro, including information that could be used to design, engineer, build, check, test, develop and/or run a 2007 Ferrari Formula One car."

A McLaren statement read: "McLaren is extremely disappointed to note that it has been asked by the FIA to answer a charge of being in possession of certain documents and confidential information belonging to Ferrari.

"Whilst McLaren wishes to continue its full co-operation with any investigation into this matter, it does wish to make it very clear that the documents and confidential information were only in the possession of one currently suspended employee on an unauthorised basis and no element of it has been used in relation to McLaren's Formula One cars."
The penalties available to the FIA range from fines to disqualification. To impose a ban, the FIA would need to prove that Coughlan made use of the information he had - either in accommodating Ferrari design features on the McLaren or in adapting McLaren strategy in light of what he knew about Ferrari. Should that happen, Hamilton and Alonso could be thrown out of the world championship.
The Coughlan affidavit is expected to fill in some serious gaps. The FIA charge sheet includes activities as far back as March, which suggests that Coughlan had the Ferrari files earlier than the end of April, as previously suggested.

It should also reveal the identity of Coughlan's contact at Maranello, believed to be sacked Ferrari mechanic Nigel Stepney. Ferrari have instigated criminal proceedings in Italy against Stepney, who denies passing information to Coughlan and any wrongdoing relating to the case against him in Italy.

Meanwhile, F 1 will not return to Indianapolis next year. Failure to agree a deal with F 1 commercial rights holder Bernie Ecclestone forced the owners of the Indianapolis Motor Speedway to withdraw from negotiations to stage the race. Ecclestone has been in talks with other cities in the United States, but a return to America is unlikely next season. By Kevin Garside

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post #15 of 38 (permalink) Old 07-18-2007, 01:46 AM
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Stepney accuses Ferrari of spying
Eurosport - Mon, 16 Jul 17:09:00 2007

Former Ferrari employee Nigel Stepney is attempting to turn the tables on the Formula One team claiming his former bosses were spying on him.

Lawyers of the 47-year-old, who is embroiled in the current 'spy' scandal that threatens to derail the sport, are investigating whether Ferrari was involved in high-speed car chases with Stepney after the Italian team lodged a formal complaint against the Brit with the Modena district attorney last month.

Stepney was subsequently dismissed by Ferrari management and forced to flee Italy earlier this month after a series of incidents.

"At the right time we'll draw out conclusions," Stepney's lawyer Sonia Bartolini told La Republica newspaper.

"At the moment we're trying to trace the car plates to the subjects that followed Stepney and then we'll file a complaint.

"Obviously, if it is confirmed that Ferrari are behind this, it would be very serious. Its one thing to keep an employee under control at the workplace, but it's quite another to spy on him at his home and to follow him at night.

"If that was the case, the Maranello people will be called to answer for it in court."

Ferrari's legal representatives have launched an investigation into alleged sabotage and espionage involving Stepney and McLaren chief designer Mike Coughlin.

McLaren have been summoned by the FIA, Formula One's governing body, to explain how Coughlan managed to be in possession of a 780 page document
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post #16 of 38 (permalink) Old 07-18-2007, 08:00 AM
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David Coulthard made a statement that McLaren has never used these documents from Ferrari and he beleives McLaren boss is speaking the truth.

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post #17 of 38 (permalink) Old 07-18-2007, 06:33 PM
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Well this is one way to make a championship exciting....

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post #18 of 38 (permalink) Old 07-18-2007, 08:07 PM
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If I am not mistaken the documents were stolen/passed in April of this year. If that is the case, I cannot imagine FIA tagging the drivers for anything that would/could have occurred prior to that time since the cars were designed, built, approved, and raced prior to the event.

Time after the theft/passing would of course be a gray area where someone would have to prove that the technology from Ferrari was utilized on the Mercedes cars.

I am guessing this will come down to the wire. And after the 2005 tire issues, F1 did not need this kind of silliness.

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post #19 of 38 (permalink) Old 07-19-2007, 12:09 AM
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Stepney ready to name names
Eurosport - Wed, 18 Jul 14:33:00 2007
Nigel Stepney's lawyer has said her client is ready to name names as the Ferrari spy scandal rumbles on.

The former Ferrari performance director was dismissed from his job for reportedly leaking 780 pages worth of documents to McLaren chief designer Mike Coughlan.

McLaren deny that anybody else in the company saw the documents, something that Coughlan is disputing, while Stepney wants a meeting with Ferrari after being the subject of a criminal investigation in Italy.

"Nigel Stepney has stressed he is innocent and is ready to give the names of the people he suspects," Stepney's lawyer Sonia Barolini said.

"He wants those who are guilty identified and Ferrari have signalled their readiness to meet."

Stepney and Coughlan worked together at Ferrari in the 1990s and also at Benetton.
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post #20 of 38 (permalink) Old 07-19-2007, 02:22 AM
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i hope this wont fuck up the championship, if the fia disqualify mclaren i'm never watching f1 ever again
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