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F1 News & Discussions => General F1 Discussion => Topic started by: Alianora La Canta on December 22, 2011, 12:27:09 AM

Title: Judge thinks Bernie Payment was Bribe
Post by: Alianora La Canta on December 22, 2011, 12:27:09 AM

Bernie Ecclestone appears to have made a bit of a boo-boo. According to the Telegraph (http://www.telegraph.co.uk/finance/financial-crime/8969048/Payments-by-F1s-Ecclestone-were-a-bribe-judge-says.html), a judge in London has declared that the £27 million Bernie gave to Gerhard Gribowsky as a prelude to F1's sale to CVC amounted to a bribe. It doesn't appear to have reached the status of a conviction yet (except for Gribowsky on the grounds that he couldn't be bothered to mount a defence) but it's not really promising for Mr Ecclestone, is it?

Title: Re: Judge thinks Bernie Payment was Bribe
Post by: John S on December 22, 2011, 01:12:40 AM

I think the two cases that are going on are very separate, the German one is criminal and the London one is civil. Gribowsky's difficulty in mounting any defence in the London case is handicapped by the criminal case in Germany.
His lawyers appear to have taken the safest course and not contested the civil action for fear of jeopardising his German defence, the burden of proof is much less in civil cases and different rules of permissible evidence apply.
There is also the problem of perceived and actual perjury that may be levelled over any evidence he may submit to the British court, if the Germans find him criminally guilty of accepting bribes. 
If the German court accepts that their was no bribe but blackmail instead the London court will find it hard to rule differently, despite the judges remarks to the contrary.

 

Title: Re: Judge thinks Bernie Payment was Bribe
Post by: Alianora La Canta on December 23, 2011, 03:04:08 PM

It is precisely because of those different rules of evidence and other differences between British criminal and German civil law that would enable the British case to come to a different conclusion to the German one. Gribowsky winning in Germany would give him strong grounds to appeal in Britain but by not contesting the case in Britain he'll be found guilty by default in the first instance (i.e. before potential appeal) unless evidence from one of the other parties to the case indicates otherwise.

Naturally, none of this affects the other defendents who are defending both jurisdiction's cases.