Formula One McLaren Mercedes demands action over the 'cool fuel' controversy during the final race of this season. In response, the world motorsports governing body FIA said a decision at the appeal hearing is expected this Friday.
The Woking team appealed against the BMW Sauber and Williams teams for their use of allegedly irregular fuel during last month's Brazilian Grand. Stewards at the race declared the result valid after a lengthy hearing, but the team sponsored by the maker of appealed.
The team seeks to disqualify Nico Rosberg of the Williams-Toyota team and Robert Kubica and Nick Heidfeld of the BMW Sauber team who came fourth, fifth and sixth respectively.
If the disqualification of the drivers take place it would mean that McLaren's Briton rookie Lewis Hamilton, who finished seventh, would grab the World Champ title at the expense of Prix Ferrari's Kimi Raikkonen. The Briton could be promoted from seventh to fourth, gaining enough points to snatch the title. As such, the Briton could have the title at the end of his rookie year.
BMW, McLaren, Williams and Ferrari had representatives at the London hearing which started at 1000 GMT on Thursday, said the AFP.
Earlier, McLaren have called for a reclassification of the Formula One world championship that would see Lewis Hamilton handed the title. The FIA, are set to rule on McLaren's appeal over the decision not to punish BMW Sauber and Williams for using 'cool fuel' at Interlagos.
Ian Mill QC, McLaren lawyer, told the four judges presiding that there had been 26 instances in Formula One history where there had been disqualifications and a championship reclassification. However, he insisted that the promotion of Hamilton to world champion was not the motivation of the appeal.
Mill noted: "We offer no special plea on behalf of the team, but I ask you to do what normally happens. It's clear the infringement of this rule did have a performance-enhancing effect. If you put in cool fuel it increases the horse power.
"The principle is clear: if there was a performance enhancement, there was a breach and there has to be a disqualification. I ask you to address this as though it was any team at any stage of the season. It cannot make a difference it was the last race of the season, and that it will decide the championship. Invariably, whenever there has been a disqualification, there has been a reclassification," he added.
Mill also referred to FIA president Max Mosley's comments at the World Motor Sport Council hearing into the 'spygate' saga on Sept 13, when McLaren were fined a sporting record ?50 million and stripped of all constructors' points, said The Telegraph. Mosley had looked to leave out drivers Lewis Hamilton and Fernando Alonso, but as he had previously offered immunity in relation for information exchanged, no punishment was given.
But in the case at bar, lawyers said the judges are dealing with points of law hence, no immunity on offer. "A driver may not be aware he has been in breach of the rules. But he has the benefit of the car, and if he has the benefit of the car, then he is in clear breach of the rules," Mill concluded.