MOTORSPORT: Three into two doesn't go

Switzerland’s Sauber Formula One team will have two new Ferrari-engined cars on track at Melbourne’s Albert Park in the next few days but three drivers claim to have contracts to race them in the Australian Grand Prix.

Sweden’s Marcus Ericsson and Brazilian rookie Felipe Nasr are the two nominated by the team to the sport’s governing Federation Internationale de l’Automobile.

But Dutchman Giedo van der Garde claims he was given a contract in the middle of last year to be one of Sauber’s race drivers this season.

While yesterday (Monday) was a public holiday in Melbourne, 29-year-old van der Garde spent the day in the Supreme Court of Victoria fighting to be in one Sauber’s C34 cars from Friday’s first practice session.

He didn’t get to say a word to the court, but a barrister for him, Tom Clarke, fought the legal battle up against two QCs – Rodney Garratt representing Sauber and Will Houghton representing Ericsson and Nasr.

Justice Clyde Croft, who also has heard elements of the Australian Sports Anti-Doping Authority’s long-running and controversial case against AFL club Essendon, listened to all the arguments for why van der Garde should or shouldn’t be in a Sauber at Albert Park.

After considering everything today, (Tuesday) Justice Croft will deliver his decision at 10.00am tomorrow (Wednesday) – exactly two days before F1 practice is due to begin.

Ericsson and Nasr attended the court too, but for little more than half an hour after having arrived in Melbourne from Europe during the night.

Van der Garde sat with three advisers behind the bank of lawyers facing the judge.
Late in the day he shook his head a couple of times at what he saw as factual errors and a lack of knowledge of F1 by Garratt and Houghton.

During the morning Houghton had said there were 20 F1 teams. After an associate whispered to him, he corrected it to “10 teams, 20 cars … that’s how much I know about it”.

Van der Garde recently had an emergency arbitration tribunal in Europe decide in his favour and he is seeking to have that decision enforced on Sauber by Justice Croft.

The men contesting the Sauber seats are all pay drivers. The parties, particularly Sauber, have been concerned that documents presented in European arbitration proceedings not be released in full because they could reveal just how much these drivers bring to the team.

Van der Garde has been in and around the F1 scene for several years with hefty backing from The Netherlands. Presumably Nasr and Ericsson promised Sauber even more. Nasr is supported by Banco do Brasil, controlled by the country’s government. It is Brazil’s oldest bank and one of the largest in South America. Ericsson has a syndicate of Swedish investors behind him.

It’s not clear who would be “benched” if van der Garde wins his case.

Sauber named Nasr and Ericsson as its 2015 race drivers in November and reiterated to van der Garde in February that he was surplus to its requirements.

While he claims to have a valid contract, the reality is that he was not at any of the 12 days of pre-season testing in Spain as Sauber racked up the second highest mileage of the F1 teams, behind only the dominant Mercedes factory outfit.

Nasr drove 649 laps at the Jerez and Barcelona circuits for a total of 2976km, tallies second only to Mercedes’ Nico Rosberg, and Ericsson did 596 laps and 2732km – the fifth most.

Garratt, drawing on comments by Sauber team principal Monisha Kaltenborn, argued yesterday that it would take the team two weeks to mould and make a race seat at its Swiss base and another three days to transport it to Australia, making it impossible for van der Garde to be fitted for a C34. Yet F1 teams often have made seats in hours and Manor Marussia, miraculously saved from collapse and yet to name a second driver, probably is going to have to do just that in the next couple of days.

Garratt claimed that the seatbelts in the C34 cars would not be tailored to van der Garde’s body shape and size either, that he had not practiced pitstops in this model car, and that it would be unsafe to allow him to participate in the GP. Indeed, that it would be reckless and dangerous. “There would be an unacceptable risk of harm, even death – not just to van der Garde but officials and other drivers,” Garratt said.

Houghton claimed that van der Garde, who has driven 19 GPs previously with the now-defunct Caterham and was Sauber’s reserve driver last year, did not have the required F1 superlicence. Later, after Clarke produced evidence purporting to prove van der Garde was licensed for F1, Houghton said he shouldn’t have a superlicence.

The Dutchman is an experienced racer and once was a teammate of four-time world champion Sebastian Vettel in the junior open-wheeler ranks. In 234 races in various categories he has had 11 wins and been on the podium more than 20 per cent of the time.
Clarke said van der Garde wanted the European arbitration decision “given teeth” by Justice Croft enforcing it.

If the Dutchman’s request was denied, he may seek to have Sauber assets seized or take legal action against team officials, Clarke said.

Houghton said that to accede to van der Garde would be “contrary to public policy” while Garratt said that if he succeeded there was still no way he would be driving a Sauber at Albert Park.

Justice Croft foreshadowed that he would give brief reasons with his decision tomorrow morning, saying his timing would allow for it to be appealed.

That might mean the arguments continuing right up until F1 cars come out for practice on Friday morning, but whatever happens, only two of the three drivers will be in Sunday’s race.