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The FIA International Court of Appeal has rejected McLaren’s appeal of Lewis Hamilton being stripped of a win at Belgian Grand Prix and stated that their case was inadmissible and would not be looked into any further.

McLaren were appealing against the decision that Lewis Hamilton should have 25 seconds, a post-race drive-though penalty, added to his time after cutting a chicane in an attempt to pass Ferrari’s Kimi Raikkonen. The result lost him 4 world championship points dropped him further back into the reach of Raikkonen’s teammate, Felipe Massa.

To have their right to appeal against the incident accepted, McLaren put forward a precedent from last years Japanese Grand Prix, where Tonio Luizzi had 25 seconds added to his finishing time after the race. He also appealed the decision and, although he lost, the case was accepted by the FIA. In this instance, however, the appeal was rejected with the court referring to Paragraph 5 of Article 152 of the International Sporting Code, stating “Penalties of driving through or stopping in pit lanes together with certain penalties specified in FIA Championship regulations where this is expressly stated, are not susceptible to appeal.”

Hamilton remains only one point ahead of Massa in the drivers championship.

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After McLaren’s yesterday confirmation of lodging an appeal against the penalty given to Lewis Hamilton, which lost him a win at Belgium, it has been revealed that race control told the British team they would be ‘okay’ after Hamilton’s chicane cutting that led to a post-race drive-through.

On lap 41, at the start of an incredible battle between the McLaren driver and reigning champion, Kimi Raikkonen, Hamilton cut the final corner but let Raikkonen back in the lead before passing him again at the next turn. The race stewards decided the Brit still gained an advantage and penalised him but McLaren have revealed they were immediately talking to race control to check if Hamilton had done enough, to which the reply gave the impression it would be okay.

McLaren CEO Martin Whitmarsh said “If race control had instead expressed any concern regarding Lewis’s actions at that time, we would have instructed Lewis to allow Kimi to re-pass for a second time.”

McLaren will now start their appeal against the penalty in an attempt to regain the full 10 points from the race.

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