CAS Rejects Rossi’s appeal – Will start from last

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The Court of Arbitration for Sport has dismissed Valentino Rossi’s appeal to have his grid penalty in Valencia dismissed, meaning he will start this weekend’s final MotoGP of the season in Valencia from the back of the grid.

The CAS had initally said they will give a decision by Friday, however the FIM announced earlier this morning that a decision was due today, and around lunchtime the verdict was delivered. Rossi, who is currently seven points ahead of team-mate and only title challenger Jorge Lorenzo, but will need to finish in either second or third respectively should Lorenzo finish first or second.

Rossi was given a penalty for his part in the Sepang Clash. Those three penalty points added with the one outstanding point already against his name from an incident in Misano with Jorge Lorenzo gave Rossi the four points that a grid penalty amounts to.

The Italian had appealed both his penalty and sent an appeal to the CAS to have his penalty suspended whilst the case was open, giving him a stay of execution for this weekends events. The Doctor was hoping that even if he had to serve his penalty, a suspension would only hamper him in Qatar next year.

The CAS decided to stick with the penalty given out by the FIM and released their decision with the following statement:

“The Court of Arbitration for Sport (CAS) has dismissed Valentino Rossi’s request to stay the execution of the decision issued by the FIM Stewards on 25 October 2015.

“Accordingly, the decision of the FIM Stewards to impose 3 penalty points on Valentino Rossi’s record following an incident with Marc Marquez during the Shell Malaysia Motorcycle Grand Prix race held on 25 October 2015 stands and Valentino Rossi will commence the next (and last) event of the season, to be held in Valencia/Spain on 6-8 November 2015, from the last grid position.

“After the race in Malaysia, the FIM Race Direction found that Valentino Rossi had deliberately run
wide in order to force Marc Marquez off line, resulting in contact causing Marquez to crash out of the
race. For this breach of the FIM regulations, the FIM Race Direction imposed 3 penalty points on the
rider’s record, a sanction confirmed later by the FIM Stewards. Since Valentino Rossi already has 1
penalty point from an earlier incident this year, this decision brings him to a total of 4 penalty points.
On the basis of the FIM Regulations, a rider with 4 penalty points must start the next race from last
grid position.

“This request for a stay was filed at CAS on 29 October 2015 by Valentino Rossi together with his
appeal to have the FIM Steward’s decision regarding the 3 point penalty annulled or at least reduced.
The CAS Arbitrator, appointed by mutual agreement of the parties (Prof. Ulrich Haas/Germany), heard
the representatives of Mr Rossi and FIM yesterday at the CAS office in Lausanne in order to rule
exclusively on the urgent request for a stay to determine whether or not Valentino Rossi should start
from last grid position in Valencia. The CAS Arbitrator found that the conditions to grant the stay were
not met, which means that the sanction imposed by FIM will have to be served at the next Grand Prix
in Valencia.

“On 2 November 2015, Jorge Lorenzo filed a Request for Intervention in order to be able to participate
in this CAS arbitration but such request was denied. However, the CAS Arbitrator, after consultation
with the parties, allowed the filing of a written statement by counsel for Jorge Lorenzo.

“The arbitration procedure is still in progress and a final decision on the merits will be rendered at a
later stage.”

Rossi’s case is still being heard by the CAS and whilst highly unlikely, they may at a later date decide to remove the penalty, however nothing will be able to effect this weekend’s Grand Prix.

Despite the penalty, Rossi will still be allowed to “qualify” should he end the free practice sessions in the top ten, and then be given his grid penalty after the session.


Photo via Movistar Yamaha

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