Press Snoop: BAR barred, appalled, appealed out.

BAR-Honda was found negligent, but not fraudulent, by the FIA International Court of Appeal in Paris Wednesday. The Court ruled in favour of the FIA, who brought the matter to court.

BAR-Honda will be suspended for two races. The Federation Internationale de l'Automobile made its announced noon on Thursday, Paris time. It considered the appeal on grounds of Article 185 of the International Sporting Code. It concerned Decision No.49 of the stewards of the meeting at the San Marino Grand Prix at Imola regarding #3 BAR-Honda driven by JENSON BUTTON of England.

Basically, the FIA appealed the stewards' decision on the BAR-Honda driven by Button. At issue was the fuel tank and minimum weight requirements during the race. The stewards listened to and viewed evidence from BAR before the race, and then determined the car, driven by Button, was legal. After the fact, the FIA - effectively president MAX MOSLEY and CHARLIE WHITING, the head of technical department - took issue with the stewards' decision, hence the unusual appeal.

BAR has been excluded from three Formula One grands prix, including the recent San Marino Grand Prix at Imola, and the next two - Spain and Monaco. There is a further six months suspension which was suspended if BAR remains on good behaviour...and BAR has to pay all costs. The FIA has to refigure points for the race and overall.

BAR quickly had a response, saying it was 'appalled' and would appeal.

NICK FRY, BAR CEO said "BAR Honda is appalled at the decision of the FIA International Court of Appeal and asserts that the judgment is contrary to all of the evidence heard yesterday. The team proved that it complied with the current regulations and the FIA now acknowledges that the regulations are unclear.

"We repeat that at no time did BAR Honda run underweight at the San Marino Grand Prix and this was also unchallenged by the FIA.

"While the International Court of Appeal rejected the FIA's original accusations of fraud and deception, BAR Honda says that this penalty is wholly and grossly disproportionate."

However, Friday morning that BAR had another view. The team talked with lawyers, and "upon receiving the best legal advice, in all relevant jurisdictions, the conclusion is that nothing can be done to enable the team to race this weekend [in Spain]. BAR-Honda has considered whether to pursue further action which might enable it to compete at Monaco. On balance, the tam has decided that to challenge the sport's governing body [FIA] would cause a level of disruption and damage to the sport which would not serve the best interests of everyone involved."

The team's position that it "remains unclear as to the basis for such a severe penalty. The team vigorously contests any insinuation that could potentially tarnish its reputation and god record, something that is of fundamental importance to the whole organisation and its partners." The team said it would post on its website its "entire submission to the FIA International Court of Appeal" for any and all to see.

JENSON BUTTON and TAKUMA SATO are out of a ride for the next two races and their points from Imola were taken away - third for Button and fifth for Sato. Both drivers now have no points. Button fell from twelfth and Sato from 14th place. BAR fell from seventh to ninth in the constructors' standings.

There has been speculation that Button will go looking elsewhere for a ride, supposedly having an 'out' clause in his contract which allows him to leave if he hasn't earned a certain amount of points midseason. Further rumours have Button going to Williams-BMW to replace MARK WEBBER of Australia, who has been outperformed by his team-mate, NICK HEIDFELD of Germany.

Missing Monaco is a big blow as it is the social highlight of the year and much hospitality goes on at that race, including BAR which could be expected to have upwards of 1000 hospitality guests in Monte Carlo. BAR can't participate now.

The FIA International Court of Appeal included XAVIER CONESA (Spain), who was elected president, ERICH SEDELMAYER (Austria), PIERRE TOURIGNY (Canada) and VASSILIS KOUSSIS (Greece).

FIA was represented by PIERRE de CONNICK, secretary general of the Sport division; SEBASTIAN BERNARD, head of legal affairs, and Whiting.

The Motor Sports Association (MSA), as respondent, was represented by TERRY LANKSHEAR, secretary general, acting for both MSA and Lucky Strike BAR Honda, plus three attorneys.

BAR-Honda had a cast of thousands on its behalf, including many team members - GEOFF WILLIS, technical director; CRAIG WILSON, chief engineer; Fry; RON MEADOWS, team manager; ALISTAIR GIBSON, chief mechanic; DARREN BEACROFT, #1 mechanic; and CHRIS FRY, truck driver. Other witnesses including YASHUHIRO WADA, president of Honda Racing Development; OTMAR SZAFNAUER, VP HRD; NICK BROOKES, director of British American Tobacco, and three members of the FIA F1 technical team, JO BAUER, FIA F1 technical delegate; KRIS de GROOT, and ALAN FULLER.

Because of all the different languages, simultaneous translations were used.

After all was said and done, the Court ruled Button's car did not conform to the rules regarding meeting minimum weight without using fuel as ballast, which is against Article 4.2. They said there was a special compartment within the fuel tank. Both cars had the same fuel tanks. The Court ruled that "it is not possible for the Court to find, on the basis of the evidence that it was provided with, that Lucky Strike BAR Honda deliberately committed fraud." But, "their actions at the time of the emptying procedure of the vehicle after the event, and the fact the team did not use their right to address a request for clarification on the rules to the Technical Formula One Department of the FIA, show at the least a highly regrettable negligence and lack of transparency."

Mosley put the other teams on notice.

"We are now considering whether to select one car at random of the points scorers at every race, and stripping it to the last nut and bolt," he said, "That will give a seven to one chance that if you are cheating and finish in the points, you will get caught."

And despite having only 18 instead of the required 20 cars for the next two races, BERNIE ECCLESTONE said there was no need for the remaining teams to run a third car to fill the field.

Only 17 cars had times for the first practice session Friday in Barcelona for the Spanish Grand Prix. Fastest was PEDRO de la ROSA, test driver for McLaren with a time of 1min 15.675secs. Other Friday drivers were CHRISTIAN KLIEN (Red Bull) second fastest, RICARDO ZONTA (Toyota) seventh fastest and ROBERT DOORNBOS (Jordan), 14th. JUAN PABLO MONTOYA was back in the saddle after missing two races for injuries sustained outside of the track. He was tenth.

Notably absent was the BAR team. It had been at the track, but it packed up and left.

FERNANDO ALONSO, RUBENS BARRICHELLO, GIANCARLO FISICHELLA and JARNO TRULLI only drove installation laps.

MARK WEBBER will miss Friday's two practice sessions, while team-mate HEIDFELD sets up Webber's car. Heidfeld's car had a defective exhaust valve after Imola which required an engine change. Heidfeld will have to take a ten-position penalty after qualifying, because of the engine change.