The Honda MotoGP team has succeeded in pursuing a “stay of execution” on Marc Marquez’s amended double long lap penalty, with the validity of the appeal acknowledged by the MotoGP Court of Appeals.
Honda did not appeal the original penalty issued to Marquez at Portimao for a collision with Jorge Martin and Miguel Oliveira at the start of the Sunday race. But the notification of the sanction it had received stipulated that the penalty would be served in Argentina – a round Marquez would be forced to skip through injury.
When it emerged that the wording created a potential situation where Marquez would avoid having to serve the penalty on track by skipping a round, the MotoGP stewards issued a correction that the sanction would be enforced in the next race contested by Marquez. This was not to Honda’s liking – and it protested the clarification, placing the case in the hands of the MotoGP Appeal Stewards at Termas, who then swiftly passed it on to the MotoGP Court of Appeal.
The Court of Appeal has not ruled on Honda’s appeal one way or another yet. It has, however, ruled on Honda’s simultaneous request to defer the penalty until the case is resolved – and, in doing so, acknowledged a validity to Honda’s argument.
The verdict of the Court of Appeal, issued on April 13, said Honda claimed a “reasonable chance of success for the appeal” in arguing for the stay of execution, while also pointing out that not granting it risked causing “irreparable harm” to Marquez’s aspirations in the 2023 championship.
It was issued by chairman Sakari Vuorensola, Robert Hofstetter and Marek Malecki – all members of FIM’s List of International Judges.
As for its case, Honda said the “ex post facto” amendment of the penalty wording “infringed the right [of Marquez] to a due process as well as the principle of legal certainty” – ie the predictability and unambiguity of the legal process.
The Court of Appeal has acknowledged that, prima facie – meaning at first glance – “at least one of the justifications relied on by the appellants does not appear unfounded”.
This is also backed up, in the Court’s eyes, by the fact the appeal stewards had referred the case to the Court – something it see as “an indication revealing the complexity of the legal issues for which no immediate and obvious solution was available”.
It has also, however, made clear that “later in the proceedings” the double long lap penalty could be reinstated in any forthcoming race.
It was also noted, however, that the Court may “provide an alternative solution for this case”, something it feels empowered to do when extrapolating on Article 1.19.2 of the FIM grand prix world championship regulations – which allows for “equivalent” penalties in cases when a long-lap penalty couldn’t be assessed/served in time before the end of a given race.
The ‘stay of execution’ would’ve been pivotal for Marquez coming into his favoured Circuit of the Americas, which hosts MotoGP this weekend.
However, Marquez has elected to sit out the COTA round as his recovery from injury continues, meaning that this particular ruling of the Court of Appeal will only be relevant if the actual main appeal isn’t settled one way or another before the April 28-30 weekend at Jerez.
