Marc Marquez will not receive the time penalty initially imposed upon him by Race Direction after his crash with Pol Espargaro during the Moto2 race at Barcelona. The International Disciplinary Court (CDI) has upheld the decision of the FIM Stewards, who overturned the penalty imposed by Race Direction, meaning that the results of the Barcelona Moto2 race will stand, and Marc Marquez keeps his 6 point advantage in the Moto2 championship standings.
Espargaro's team, the Pons 40 HP Tuenti team, had appealed the decision of the FIM Stewards to the CDI, but after reviewing the evidence, the CDI decided to scrap the penalty and uphold the decision of the court. The team now has five more days to appeal the CDI decision to the CAS, the Court of Arbitration of Sport, sport's highest legal body.
The decision of the CDI was based on looking at the Barcelona incident in isolation. They classified the clash as a racing incident, undeserving of the penalty. They did not follow the reasoning of Race Direction, who imposed the penalty as a cumulative punishment for Marquez' prior misdemeanors. The Spaniard had already put a questionable move on Andrea Iannone prior to colliding with Pol Espargaro, and this, combined with the fact that Marquez was already on a yellow card from the incident with Thomas Luthi at Qatar, tipped the balance for Race Direction to impose the penalty. The FIM Stewards and CDI, however, regarded the penalty as having been imposed for the Barcelona collision alone, and judged that the crash was a racing incident.
Below is the official FIM press release on the CDI's ruling:
FIM Road Racing Grand Prix World Championship
CDI: Appeal of team Pons 40 HP Tuenti
The International Disciplinary Court (CDI) chaired by Judge Frantisek Schulmann, convened a Hearing today at the TT Assen Circuit to judge the Appeal lodged by the team of the Spanish rider Pol Espargaró against a decision of the FIM Stewards taken following the Moto2 race of the Grand Premi Aperol held on the circuit of Catalunya on 03 June 2012.
Rider Marc Márquez, #93, was initially sanctioned by the Race Direction with a 1-minute time penalty to be added to his overall time for infringement of Article 1.21.2 of the Road Racing World Championship Grand Prix regulations. As a result, he finished with rank 23.
Upon an Appeal lodged by rider Márquez before the FIM Stewards against the decision of the Race Direction and after having viewed and reviewed many times the collision between the riders Márquez and Espargaró, the three FIM Stewards unanimously decided that the behaviour of Marc Márquez showed no deliberate intention to cause an accident. Consequently, the first appeal body composed of the three FIM Stewards quashed the decision of the Race Direction.
Following the FIM Stewards’ decision, the team of rider Espargaró, Pons 40 HP Tuenti, lodged in due time an Appeal against the FIM Stewards’ decision. Following today’s Hearing of the Appellant and due consideration having been given to all arguments and to videos of the collision, the CDI judge decided to receive but then to dismiss the appeal of the Team Pons 40 HP Tuenti.
A reasoned decision will be notified to the Appellant in due time. An Appeal against this decision may be lodged before the Court of Arbitration of Sport (CAS) within five days following the notification of the written Appeal to the team Pons 40 HP Tuenti.