well....
in view of this...
Analysis: Richards Doth Protest Too Much
Monday August 9th, 2004
By Biranit Goren
They say husbands are last to know, but what about Formula One team principals?
When Williams announced last week that they have signed Briton Jenson Button for the 2005 season, the driver's current boss David Richards - who is, among others, the commercial rights holder of the World Rally Championship and shareholder of Prodrive - said he was "dumbfounded" and felt "betrayed".
Richards may well have felt all that, but unlike the impression made - that Button's move had come as a complete surprise to his team chief - in reality, Richards had known for quite some time now that Button is looking for ways of leaving BAR and moving to his first Formula One home.
Reports over the last couple of days have revealed that Button's relationship with the BAR management had been sour for quite some time now, the Briton apparently unhappy after bonus payments owed to him based on Championship points have not been paid.
This, Atlas F1 has learned, has been going on since last year and Button has been trying to leave BAR for Williams for quite some time now, with sources involved in the affair confirming that Richards has been "fully aware" of Button's wish to return to his first F1 team.
February Reports
In fact, Button has already attempted to sign with Williams-BMW before 2004 had begun.
Earlier this year, in the February 1st edition of Britain's tabloid News of the World, F1 journalist Byron Young reported of secret talks that Button has been holding with Williams in an attempt to move back to his first team. Also that month, in the Business F1 February edition, the magazine's editor in chief Tom Rubython reports that Button may break his BAR contract to get to Williams.
A source close to Frank Williams confirmed today to Atlas F1 that the team owner met with Button earlier this year, in an attempt to find ways of re-signing him for 2005. The source also confirmed that a legal check of Button's contract at that stage made it clear he was locked into BAR for the time being, which lead Frank Williams to believe that he would not be able to obtain Button for 2005.
But the sides did not cease trying. Williams and Button have apparently remained in touch, and it seems Button's management has been looking for a way out of the BAR contract throughout this season. As soon as such opportunity existed - Button's manager, lawyer John Byfield, contacted Frank Williams.
The Williams source told Atlas F1 the transfer was heavily scrutinised by the team's legal advisors and they are completely certain the move is legally sound.
But legality aside, the entire affair - since it has become public last Thursday night - has evolved around appearances, and the impression that Button had announced his leave out of the blue was a vital element in the appearance of betrayal.
Richards himself had certainly known Button's desire to leave BAR and return to Williams and was ready to fight over the young star. In Young's report for News of the World, back in February, Richards is quoted as saying: "Why would Jenson want to go to another team if we are making so much progress? We are getting quicker and quicker and we have a contract with him, so why would Jenson want to move out of here?
"Jenson is certainly not for sale. There is no reason to even discuss the situation with other teams. We are working very well together and I am sure he sees his future with this team."
Ironically, Young then writes: "Richards is banking on Button's loyalty after having the faith to tie him to a four-year contract when he was dumped by Renault in 2002." Young also quotes a BAR insider, who stated that "Richards is hoping the faith he has put in Jenson will be paid back when it comes to the crunch."
A source at BAR told Atlas F1 today: "to be fair, Jenson was very honest with Dave - Williams was his first choice, but as long as he was here (at BAR), he was completely loyal. We knew there are some kind of disputes between Jenson's management and the team, but Jenson never let that affect his motivation and, in all fairness, he didn't air the dirty laundry in public.
"So yes, we were disappointed [that Button is leaving]. But not surprised."
Legal Dispute
BAR and Williams are currently set to resolve the matter of Button's 2005 contract at the Contract Recognition Board (CRB) - an independent arbitration body, comprised of three lawyers, which resides in Switzerland.
The CRB was founded in the early 1990s by the FIA and the F1 commission as an independent arbitration body for all Formula One drivers' contracts. Moreover, a driver cannot compete in any Formula One World Championship round without a super-license as well as the agreement of the CRB.
Teams submit contracts with their drivers to the CRB and the body is the sole jurisdiction for teams as well as drivers for any dispute relating to drivers' contracts. Hearings and decisions are not made public.
In recent years, cases which have famously reached the CRB were Heinz-Harald Frentzen versus Jordan GP, after the latter fired the German in 2001 (and the team was found to be in breach of contract, thus paying Frentzen an undisclosed sum); Jos Verstappen versus Arrows; and BAR versus Mika Salo (after the latter drove for Ferrari in 1999 despite being retained by BAR).
In reality, the CRB cannot effectively force Button to drive for BAR or stop him from driving for Williams - they can only affirm whether a binding contract has been breached or not.
And, in Button's and BAR's case, it now seems both sides are prepared to argue that the other side had breached the contract - Button would claim his contract was breached well before he had signed with Williams, and BAR would claim Button will be in breach of his contract should he not drive for the team in 2005.
The two sides could, of course, settle the matter before it reached the CRB - and if indeed BAR owes Button considerable sums of money, then it may well be that BAR's chief Richards is aspiring to let Button go in exchange for a no-payment of the bonuses, which some claim could be as high as 6 million UK pounds for 2004 so far.
In any event, sources involved in this latest affair all agree that Button will be driving the blue and white Williams car next season - finding Button a replacement, given BAR's current form, would not be so difficult.
As for Button, the most Richards could realistically hope for - the sources say - is that an already effective public campaign would lead Button's management and Williams to settle the matter with BAR financially.
And, given the PR damages already done, the sums involved could well be substantial. |
