Explained: The 'bias' allegation which sparked explosive row between F1 bosses

On Friday of the Italian Grand Prix, during the usual FIA Team Principals' Press Conference, Alpine executive advisor Flavio Briatore raised allegations of bias against one of the judges on the International Court of Appeal panel appointed to rule on McLaren and Red Bull's protest of Pierre Gasly's Monaco penalties being rescinded. 

After Alpine had successfully lodged a right of review, it had managed to get Gasly's two five-second time penalties wiped from the record, re-promoting him into the third place he took on the road, and demoting Red Bull's Isack Hadjar to fourth and McLaren's Oscar Piastri to fifth. 

McLaren and Red Bull then quickly lodged appeals against Decisions 1 and 2 of document 99 of the Monaco Grand Prix - and this was the case taken to the International Court of Appeal in Paris, on August 25th, in front of a four-person panel. 

As well as those involved in the proceedings, every team was represented by an observer, with the sporting directors and general counsels making the trip to Paris, and it is made clear in the prologue of the verdict handed down that "none of the parties raised any objections, in relation either to the composition of the Court or to the manner in wich the proceedings and the hearing were conducted."

So far, so good. However, in what turned out to be an explosive press conference, Briatore made stunning claims of bias from one of the judges, but what has actually happened?

Briatore's ire during the half-hour session, in which he was grouped with McLaren’s Andrea Stella and Ferrari's Fred Vasseur, was drawn towards judge Filippo Marchion, an Italian-American, whose biography on the FIA's ICA page describes him thus.

The crucial point here is Marchino's links to the 'One Drop Foundation', based in California in the United States. 

When invited to give his thoughts on Gasly being stripped of his podium in the press conference, Briatore, whilst saying the team respected the panel's decision, called into question Marchino's credibility and accused him of bias towards McLaren. 

"This is very unfair. But you know, we accept the decision, but what is very strange was four judges in the panel. One of the judges act like a prosecutor. This is not a big problem," Briatore told media, including RacingNews365. 

"The problem is he’s very linked with the McLaren company, because we have a nice picture of this guy at a speech for McLaren in 2018 in MSO, Beverly Hills. He has a foundation; it’s called the One Drop Foundation, and McLaren gave two, three McLaren cars. This was quite unfair. One of the judges was linked with a team which was processing us."

Throughout the rest of an astonishing attack, Briatore reiterated his shock at someone with apparent McLaren links being appointed to the panel judging the case, describing that Marchino had been "nasty" towards the team and acted like a "prosecutor", which Briatore had no qualms with. 

But what is the reality?

Briatore claimed that he had photographic evidence of Marchino at an event in Beverley Hills for McLaren Special Operations (MSO) - the road car arm of the company responsible for the make-up and upkeep of McLaren's road cars. McLaren MSO does not, and is not linked to, the McLaren F1 Team, with them being different companies under the wider McLaren umbrella. 

Marchino was not present during the press conference, nor has he had the chance to respond to Briatore's claims. 

However, Stella did so and indicated that what Briatore was claiming was tantamount to libel. 

"I find that this conference going in this direction is quite insulting for McLaren, for the reputation of a team that deserves a lot of respect," he said. 

"And if anybody makes these kinds of allegations – which seem quite serious – they are going to have to take the responsibility for what they are saying in a public forum. 

"The hearing, the whole International Court of Appeal, was conducted to the highest standards, and we should not question this phase like it’s been done."

Briatore then hinted that Alpine are "thinking about what can we do next."

When approached for comment by RacingNews365 after the press conference, Alpine declined to add anything further, whilst the FIA is confident in the robust nature the ICA.