Pons 40 HP Tuenti’s appeal against Márquez ruling rejected

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Wednesday, 27 June 2012

On the Wednesday before the Iveco TT Assen race, the FIM International Disciplinary Court (CDI), rejected Pons 40 HP Tuenti’s appeal against the overturned penalty for Marc Márquez in the Catalunya Moto2™ race.

The FIM CDI, represented by independent lawyer Mr František Schulmann, conducted a hearing at 2pm local time on the case surrounding the incident during the Moto2™ race at the Gran Premi Aperol de Catalunya, where Pons rider Pol Espargaró crashed out of the race in the final stages after a coming together with Team CatalunyaCaixa Repsol’s Márquez.

Shortly after the incident, Race Direction imposed a 60 second penalty on Márquez for riding in an irresponsible manner causing danger to rider Espargaró, sighting an infringement of the article 1.21.2 of the 2012 FIM Road Racing World Championship Grand Prix Regulations. Márquez’s team subsequently lodged an appeal with the FIM Stewards, who did not confirm the decision of Race Direction and cancelled the penalty.

With Márquez taking valuable points from the race and Espargaró none, the Pons 40 HP Tuenti team took the next step and lodged an appeal with the FIM CDI, as it deemed its rider to have incurred a significant disadvantage to Márquez in the championship standings.

Following the appeal hearing at Assen, at which Mr Schulmann, Espargaró and team manager Sito Pons were present, the FIM CDI decision was that the FIM Stewards ruling remains, and that Márquez will not incur any penalties.

Schulmann commented: "The final decision [appeal by Pons 40 HP Tuenti] has been dismissed as unsubstantiated, because the decision of the FIM Stewards was found legal and correct. We were able to review the entire file, with what all the parties involved in this case provided the FIM with, and we were able to review all the images, aerial shots and video. It was not enough for us to change the original decision.

"It’s motorcycle racing, and incidents like this are going to happen. It’s never avoidable. There are accusations and indications that his [Márquez’s] behaviour is not always correct, but nevertheless, in THIS particular case, he was definitely in front of Espargaró. It was [up to] him to chose the line and the other riders that are following must respect it."

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