Sunday, Oct. 24, 1999 | 11:52 a.m.
PARIS - Ferrari won its appeal today against its disqualification from the Malaysian Grand Prix, keeping the Formula One championship alive at the season-ending Japanese Grand Prix on Oct. 31.
The decision by the FIA and its five-member International Court of Appeal means that Ferrari's Eddie Irvine has a four-point lead on Mika Hakkinen of McLaren Mercedes entering the season finale as the Italian auto maker tries to win its first drivers' title in 20 years.
Ferraris driven by Irvine and Michael Schumacher finished 1-2 last Sunday in Malaysia, but were disqualified because their aerodynamic deflectors didn't comply with FIA regulations.
Hakkinen, the '98 series champion, finished third, but was elevated to first, which gave him enough points to win his second straight championship.
Ferrari, the biggest spending team the sport, mounted a three-point defense: the deflectors didn't offer an advantage; the measurement might have been incorrect or should have allowed for a minimum tolerance; the error was unintentional.
The deflectors were out of FIA specifications by one centimeter ( 1/8 inch).
Ferrari, which has not won a drivers' title since Jody Scheckter in 1979, also argued the punishment was too severe.
"We were given back what we had deserved on the track," Irvine said in Tokyo. "Now we want to win Ferrari both the drivers and the manufacturers titles in Suzuka."
The season-ending Japanese Grand Prix is scheduled in Suzuka on Oct. 31.
Under the ruling announced by FIA president Max Mosley, Ferrari keeps the points it won in both the drivers' championship points standings and the constructors' championship.
Mosley said the panel, which met Friday, said the methods of measurement and clarity of regulations were not adequate.
"The court of appeal decided to overturn the decision of the stewards and therefore the result of the race stands," Mosley said. "The drivers have the points they earned in the race and so does the constructor Ferrari. ... No jury would have done otherwise."
Mosley did not criticize the stewards.
"The decision they made was justified at the time," he said, adding they did not have highly sophisticated measuring devices. "Ferrari was just within the tolerance permitted. It was a millimeter or less on each dimension. They were absolutely on the limit."
Mosley was asked why the stewards had reached on conclusion and a panel of lawyers six days later had reached another.
"Engineers will know a specification, but lawyers will show inconsistencies," he said.
Mosley also dismissed any influence on the decision from Bernie Ecclestone, the powerful owner of Formula One. He had called the disqualification "nonsense."
"While Bernie has a big influence on the financial aspects of FI, he has only a small influence in making the rules," Mosley said. "Mr. Ecclestone has no role in enforcing the rules."
Ron Dennis, managing director of McLaren, claimed he was not "disappointed" and "not really surprised" - then lambasted the ruling.
"It's really more than anything else a bad day for the sport," he said. "What has actually occurred is that through a very heavy scrutiny of our rules, which are extensive and very detailed, a way has been found ... to provide a reason for the appeal to be upheld."
He said "commercial pressure" had influenced the decision.
Norbert Haug, the head of Mercedes racing, admitted Saturday it was McLaren that tipped off the stewards about Ferrari.
"Our mechanics became suspicious," he said. "We accept the decision and we still think we can win the championship on our own."
The last successful appeal was in 1995, when the disqualification of Benetton and Williams from the Brazilian Grand Prix for using unauthorized carburetors was overturned.
The ruling will not please the Stewart Ford team and other critics of F1, who say the sport is ruled by money interests that often force rules to be bent.
The Stewart team, trying to protect the upgraded second- and third-place finishes of Johnny Herbert and Rubens Barrichello, supported McLaren's argument that rules must be enforced.
But team official Paul Stewart, who attended the session Friday, said it was a a "fair hearing."
The five-man panel chaired by Jose Macedo e Cunha of Portugal. Others were Gerhard Nurscher of Austria, Philippe Roberti de Winghe of Belgium, Vassilis Koussis of Greece and Jan van Rosmalen of the Netherlands.
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