FIA powerless to intervene in Horner saga

Last Updated on March 1 2024, 2:31 pm

Christian Horner is fighting for his Formula One career despite having being cleared of wrongdoing by a Red Bull Group investigation into claims of “controlling and inappropriate” behaviour by a female employee.

The company were made aware of the allegations at the turn of the year and recruited external legal representation to manage the complaints process. Hours before the cars hit the circuit for practice in Bahrain, Red Bull issued a statement stating:

 

 

Email bombshell blows Horner case wide open

“The independent investigation into the allegations made against Mr Horner is complete, and Red Bull can confirm that the grievance has been dismissed. The complainant has a right of appeal. Red Bull is confident that the investigation has been fair, rigorous and impartial.”

Yet this was far from the end of the matter and during F1 free practice two a bomb shell dossier arrived in the email inboxes of around 150 senior F1 personnel including hundreds of documents that allegedly had been part of the case considered by Red Bull Racing.

Prior to the group email send Mercedes CEO and team principal Toto Wolff had claimed to the assembled media the investigation by Red Bull should be “transparent”, something echoed by McLaren CEO Zak Brown.

Clearly the implication being made was that Red Bull may not have properly handled the female employee’s complaint and Lewis Hamilton further added improvements should be made within the sport to ensure a “safe” environment for all who work within it.

Conflicting report: Hamilton denies visiting Maranello

 

 

 

FIA catch all regulation being cited

The information contained within the email suggests Horner may have been having a relationship with a female employee which was unknown to his wife. Even if this is proven the case, this does not constitute “inappropriate or controlling” behaviour should the exchanges have been consensual.

Of course there are many within the sport and even amongst there newly assembled Red Bull hierarchy who would have reason to want Christian Horner removed from his 19 year position in charge of the Red Bull F1 Racing team. And now the FIA will discuss the matter and it may fall to them to decide whether Horner can remain in his position.

However, marital fidelity should not be the issue under consideration for F1’s governing body, yet they will be called upon to consider whether the Red Bull boss is in breach of the Federation’s regulations. A number of paddock voices are now citing the following FIA regulation as a catch all under which Horner could be prosecuted.

Article 12.2.1.f of the FIA International Sporting Code does forbid: “Any words, deeds or writings that have caused moral injury or loss to the FIA, its bodies, its members or its executive officers, and more generally on the interest of motor sport and on the values defended by the FIA.”

Ricciardo reveals V-Carb are “sandbagging”

 

 

 

Horner already prosecuted under the code

Additionally, the FIA modified the code for 2024 making it easier to punish personnel for misconduct. Article 12.2.1.k now deems ‘any misconduct’ a breach of their sporting code, when that section previously specified:

“Any Misconduct towards, but not limited to: licence-holders, officials, officers or member of the staff of the FIA, members of the staff of the Organiser or promoter, members of the staff of the Competitors, suppliers of products or services to (or contractors or
subcontractors to) any of the parties listed above; doping control officials or any other person involved in a doping control.”

The FIA in recent times under the new leadership of Mohammed Ben Sulayem made strident attempts to modify the behaviour of those involved in the sport. Lewis Hamilton fell foul of the “jewellery” regulations and an extended battle ensued between him and the FIA which resulted in Hamilton claiming his nose-in could not be removed for medical reasons.

Gunther Steiner and Sergio Perez have previously fallen foul of article 12.2.1.k, and Horner himself received an official warning at the 2021 Qatar GP when he blamed the yellow flag that wiped out Max Verstappen’s best qualifying time on a ‘rogue marshal’.

Steiner takres on Haas F1

 

 

 

Can the FIA sack Christian Horner?

Yet the FIA must be careful as they consider this matter at a meeting to be held today revealed by Sky F1’s Craig Slater. It would be easy for the sordid details of an alleged extra marital affair to be seen as tawdry and “bringing the sport into disrepute.”

Yet it is not Horner who has created the current furore. Clearly someone who wishes him ill released the alleged documents from the Red Bull investigative process. To that end it is they who are dragging the sport through the media scrummage currently under way and not the Red Bull boss.

The person who sent out the dossier knew all the email addresses of senior F1 personnel together with team principals though amusingly they spelt the name of F1 supremo Stefano Domenicali incorrectly. Sky now report the F1 boss is in possession of the email document.

The question is can the FIA in fact sack Christian Horner? The short answer would appear to be no.

Brundle: “Is this the end of the story, or the start of another?”

 

 

 

Punishment administration added complication

The International Sporting code cited above is designed to deal with matters related to on track incidents. The penalties include fines, grid place penalties though suspension and exclusion are provided for in particularly grave circumstances.

Yet it is difficult to see how potential problems in Christian Horner’s personnel life which do not constitute legal impropriety can be pushed by the FIA.

Punishments under the International Sporting Code are administered by the ASN (National Sporting Authority) which again complicates any sanctions the FIA believe should be applied

“12.10.1 – In addition to that provided for in the Code and in the FIA Judicial and Disciplinary Rules, a sentence of Suspension may also be pronounced by an ASN, and shall be reserved for grave offences.

F1 supremo breaks silence on Andretti snub

 

 

 

Who is really bringing F1 into disrepute?

“12.10.2 A sentence of Suspension, for as long as it remains in force, shall entail the loss of any right to take part in any capacity whatsoever in any Competition held within the
territory of the ASN which has pronounced such sentence or within the territories of any country in which the authority of the FIA is recognised, according to whether such Suspension is national or international.

“12.14.1 Except in the cases provided for in the FIA Judicial and Disciplinary Rules, a sentence of Exclusion can be pronounced only by an ASN, and will be reserved for offences
of exceptional gravity.

Unless the FIA retry the Horner investigation now completed by Red Bull Racing – which would take several weeks – it is difficult to see how they can intervene in what at present is at worst case scenario a matter of marital infidelity and as yet merely an alleged case of “controlling and inappropriate behaviour.”

Yet the reality behind all this is the fact that someone desperately wishes to damage Christian Horner’s reputation with the intent of seeing him finished in terms of his Formula One career.

READ MORE: Russell explains Hamilton input into 2024 Mercedes car

 

 

 

 

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With over 30 years of experience in Formula 1 as an insider journalist, I have built trusted connections across the paddock, from race engineers and mechanics to senior team figures. At The Judge 13, I and a handful of trusted colleagues share exclusive Formula 1 news, expert analysis and behind-the-scenes stories you will not find in mainstream motorsport media.

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