I think it's obvious that the FIA would have to reverse the penalty if they reviewed the appeal on merit. If the stewards told tell McLaren during the race that Hamilton did satisfactorily give back the position then later enacted the penalty anyway, it *has* to be overturned. So it totally looks like in order to keep from having to say "oops, we f'd up" the FIA is just going to use a loophole to avoid discussing the appeal on merit.
They pulled the same loophole trick to counter McLaren's argument as to why they should review the appeal:
Quote:
The FIA also rejected McLaren's claim that the precedent of a successfully appealed penalty involving Toro Rosso's Vitantonio Liuzzi last year be followed.
The judges said the Fuji case was not relevant because "none of the parties concerned had raised the inadmissibility of the appeal in that case."
Still in reference to the Fuji case, the ICA added: "the Court was able, in the conclusion of its decision, to declare the appeal admissible, but it did not give reasons for its decision on the issue, as the question was not debated."
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So because when they reviewed last year's penalty (that apparently they shouldn't have reviewed), because no one mentioned it shouldn't be reviewable then it's not precedent.
This is some serious legal mumbo-jumbo bullshit. Especially when the next step is to charge McLaren with court costs.
