The Day In Court is now over. The court has reserved its judgment until Wednesday morning.
Although the court reports are fragmented, and mostly concern tabloidesque claims made by the lawyer representing Sauber, it is clear that Sauber’s defence of their position did not involve arguing that they are not in breach of contract. Instead, the arguments advanced in court by the Sauber lawyer seemed to consist mostly of dire warnings and predictions, and outright falsehoods. The claim that Van Der Garde has no Superlicense is easily disproved, and Van Der Garde’s lawyer disposed of it during his time at the podium by passing his Superlicense documentation to the judge. The claims that Van Der Garde cannot fit the 2015 car, that he does not have a seat, insurance etc. are all flim-flam. As others have pointed out, at one race weekend Sauber put Pedro De La Rosa in the car at something like 15 minutes’ notice. That does tend to undermine arguments like this. Van Der Garde has a race seat from 2014 which will probably fit the new car, unless Sauber destroyed it.
Worst of all was the argument that Giedo Van Der Garde could be at physical danger if he tried to drive the car. Well, duh. Formula 1 is a sport involving drivers strapped into high-speed projectiles hurtling around racetracks. This could be dangerous? After the break – water is wet, and the Sun rises in the East.
The lawyer for Van Der Garde appeared to spend a lot of his time explaining the contractual background to the dispute, but because that is kind of complicated, most of that has yet to appear in reports. The reports so far mostly focussed on the Sauber “we are all doomed if we put Giedo in the car” arguments.
These arguments advanced by Sauber seem to be so inept and lacking in substance that one is forced to ask why they put up such a poor performance. It is almost as if they were going through the motions. I am wondering if there is a hidden agenda at work.
Also notable was the presence in court of Felipe Nasr, Marcus Ericsson, and lawyers representing them. If Sauber had a strong case, there would have been no need for them to be present. The fact that they felt it necessary to be there tells me that they have little confidence in Sauber’s defense. Their threat to sue Sauber if either Nasr or Ericsson is denied a drive is somewhat predictable, but should not be of any interest to the court. They are not parties to the current dispute. If Sauber is found to be required to run Giedo Van Der Garde, then Sauber has to sort out the issue of competing contracts.
I stand by my assertion that Sauber has to sort this mess out before they find themselves on the back foot in a game of legal Whack-A-Mole with Van Der Garde’s lawyers. Right now, F1 is in the headlines for the wrong reasons.