Adrian Sutil is going to have to go to court over the alleged fight in a night club in Shanghai with Lotus F1 Team partner Eric Lux. Lux sustained injuries on the left side of his neck which required 24 stitches. It is not clear how the German authorities have reached the conclusion that a German court would have jurisdiction in such a case. Normally a trial would take place in China.
There are additional problems in relation to police reports and local witnesses. It may well be that the case will be dismissed with the German judges saying that it is not their role to pass judgement in such an affair. This will almost certainly be the argument put forward by Sutil’s legal team. The fact that it has taken so long for a decision to be made over charges suggests that the prosecution service is not certain what the courts will say.
The timing of the charges are unfortunate for Sutil because it basically knocks him out of the driver market for 2012.
joeblogsf1 
Surely for Williams the sensible thing is to take Barrichello for this years drive and Bruno for spare driver (with whatever percentage of the money they can) and guarantee him a seat next year after learning what he can from Rubens.
This has me thinking of Betrand Gachot…..
Can you confirm that this is a criminal case, or is it a civil case seeking damages?
“The timing of the charges are unfortunate for Sutil because it basically knocks him out of the driver market for 2012.”
– perhaps that was the primary aim of bringing proceedings – effectively knocking him out of F1 for 2012 as a form of retribution?
There’d be little surer.
Influential friends of the washing powder magnate at work. Hopefully the court has something like declining judgement in hand and tosses it.
Knocking him out of the driver market may be the prosecutor’s aim in the timing. It is going to be hard to make a charge stick with the witnesses in other countries etc, but this is one way they can punish him without trial. It’s not uncommon for Police etc to settle for dmamging reputation or career if they have not got enough evidence for a conviction by the proper channels.
A cynical view I know, but one borne out of observing patterns over the years.
With this timing, Lux has got his ultimate revenge, potentially ending Sutil’s F1 career, even if no charges are pressed.
Correct me if I’ve missed something but this should have been handled by Shanghai authorities there and then. The fact that it wasn’t speaks volumes.
If you glass someone in a European, or American club it’s handled instantly unless you have underhanded ways of keeping it quiet or the incident is so trivial the police aren’t interested.
My immediate reaction was similar, except I wonder how the German court has jurisdiction over a ‘crime’ that occurred in another country. In the US, at least, (ignoring our repulsive meddling in other countries) the crime has to occur within the jurisdiction of the prosecuting agency or the charged person has to be extradited and returned to that jurisdiction.
I just read Other John’s explanation of the German system, so please ignore my comment above.
Ever stop and think Lux might have done Sutil a favor by not having the Chinese police involved? I have to imagine Chinese jails aren’t quite as cozy as western holding facilties. I also wonder if Chinese officials would have allowed Sutil to leave custody/the country before the matter was settled by the courts?
I’m no expert, but it’s just a thought…
Maybe that’s all this case is about, timing.
Lux knows that it’ll probably be thrown out of court but has chosen this moment to strike a blow against Sutil by initiating a court case and at the same time doing his best to stir it up with the teams as Sutil looks for a new seat. It’s just a timed vindictive attack, doesn’t matter that a court case may well fail.
Lux could see that whatever redress he hoped for wasn’t going to go far in China and has chosen his moment to take revenge to hurt Sutil’s career at the most appropriate time.
Joe, do you think that the timing to stand trial was somehow forced into this particulair period by Eric Lux to do some serious damage to Sutil’s career? Because why take for over nine months to press charges?
Related question: the BBC is now saying that Bruno Senna looks set for the seat at Williams – does that mean the end for Rubens’ career? Could Williams still retain Rubens as a reserve driver (and so keep his engineering input) or do they already have a reserve?
“The timing of the charges are unfortunate for Sutil because it basically knocks him out of the driver market for 2012.”
Could that be the revenge that Lux is looking for rather than a conviction?
Timing unfortunate? Or calculated? The damage is done so to speak regardless of the court decision. Lux would know the consequences surely…
Joe, As this will probably be thrown out as you say, do you not think that the timing is just Lux’s way of paying Sutil back, making him unemployable in the current driver market?
Yes, That might be the case. However, tghis was done by the prosecution service
Oh dear! Does this mean that the Germans also consider themselves to be the “World’s Police”? (That is as well as the self appointed USA)
Frau Merkel’s ambitions appear to exceed her authority.
If there is a trial, maybe the whole story about what really happened will finally come out. I’m surprised it has not already. Or maybe I missed it.
Quote from JA’s quote “Sutil’s manager Manfred Zimmerman has said that the incident was not as it appears and that having had a drink spilled over him, Sutil was intending to do the same to Lux when the glass accidentally made contact with Lux’s neck.”
The case apparently relies upon CCTV footage from the restaurant in China which is possibly of a different format to that used in Germany.
Good news for Rubens 🙂
More likely good news for Senna….
So the timing might not be coincidental?
I understand the German authorities consider offenses committed by German citizens overseas prosecutable at home. The code, roughly, grabbed from:
Click to access 2377370.pdf
Section 7: Applicability to offences committed abroad in other cases
(1) German criminal law shall apply to offences committed abroad against a German if the of offense attracts criminal liability at the place of commission or if such place is not subject to any criminal jurisdiction.
Copy / Paste fail, sorry:
(2) German criminal law shall apply to other offences committed abroad if the offence attracts criminal liability at the place of commission or if such place is not subject to any criminal jurisdiction and if the perpetrator
1. was a German at the time of the offence or became one subsequently, or […]
the first para excerpted wasn’t exactly helpful.
True, but supporting evidence is going to be thin on the ground. There is a video, but that is about all. No police statements etc…
Yeeep.
I had never heard any details as far as the stitches before. (which sucks*) I think it’s a case of zealous prosecutor, and ought to evaporate. But that’s just the power over life zealous prosecutors have. Technically, a complaint does not need to be made though, nor a statement, witnesses may be compelled. The “don’t want to press charges, was a misunderstanding” is a lovely fireside myth. I’m pretty grouchy about any-one trashing a young career. Not cool plus not cool does not equal cool. This one would have a mate, a public defender (how he manages to stay lovely bloke, my mind boggles) seething. There may be a possibility to compel witnesses through EAWs, the most porous ill defined instruments.
Regardless of the merits, I am angry at the potential grandstanding.
*Not nice a gash, even if accident. But also on the neck, you could argue ABH, GBH intent on a lesser clause, even further if you make it up, E&W law. So to make a palaver. Not trivial offenses if genuine. I’d rather send these prosecutors to accounting school, so they can learn about some good targets . . . splutter, where is Grib? (another day)
“The timing of the charges are unfortunate for Sutil because it basically knocks him out of the driver market for 2012.”
My thoughts: Lux knows it would be near impossible to carry out legal action in China. He knows he’ll lose in Germany.
…but he knows that by doing it now, Sutil will be sufficiently punished by never racing in F1 again… so even though there won’t be a guilty verdict, he’ll get punished anyway.
Something tells me Lux is OK with that situation. 😉
If it is thrown out on grounds of insufficient evidence, but as a result of the timing of this Sutil misses a seat, one hopes he takes a civil suit to claim lost earnings/defamation etc???
I don’t believe it’s up to the judge to decide if there is sufficient evidence. I may be wrong but I believe that is the prosecutors role. They evaluate the likelihood of success and if it is in the public interest or not. Of course these days there is an unwritten but very compelling third criteria; what will be the media backlash if we don’t. This is clogging up our courts like you wouldn’t believe.
Now to your point of Sutil taking civil action – highly unlikely. Firstly to do so would generate more publicity than currently exists and prolong the mudstain. Secondly it would cost an absolute packet. For more on this check out Max Mosely giving evidence with typical eliquence at the Leveson Enquiry (full video archive via BBC Democracy Now website) or at the select committee alongside Hugh Grant.
shake,
I can only speak of our local system, but we have a very detailed set of rules as to what is, and isn’t acceptable as evidence. Admittedly, my eyes glazed over, but I attempted to read several tomes. Here, it would go from a magistrate’s court – where the clerk is in charge of procedure, something which goes unnoticed at great cost – to committal for trial, if the evidence is argued sufficient, and the code / penalty great enough. Magistrates hearing > Committal given at Magistrates for trial > Crown Court, or High Court if very complex. If I simply hazard and guess, this might just be a High Court matter, if brought here. But any way I look at this, this would not have started like this, or been allowed to proceed in our system, based on what is publicly known. Before all of that, there is the charge assessment carried out by the CPS. OH, I’ve seen it all bent out of shape, but the stages introduce the most important of legal tests: contestability of record and balances.
In europe it works differently, local state prosecutors can bring a case, having privately evaluated evidence. They present that – often in camera – to a judge, and carry on. To my mind, that is too close a link. I went on a abortive book binge to read up on how that works in Germany, but, no matter which language I am interested in, I cannot find a codification that makes anything clearer. I get laconic statutes (Sutil is charged under ss224, which is just a few paras, whereas our relevant law is many detailed pages) and the serious books I find are interpretations of how Landes state courts deal with things case by case. I myself, but even more so a very experienced practitioner I know, could drive a truck through what goes on here. To the point we simmer, just trying to change the conversation. I think it might be possible to steer a medium sized planet through German code. Okay, my German is barely passable, but I do know what I am looking for. No dice.
And they wonder why the euro integration is a mess . . rulebooks may suck, but having one that people can readily see is the start of the debate . .
Do not think that similar would not happen in England. I can only imagine the bail terms arguments . .
Okay, Sutil may go down. If so, well, then . . but even the best structured procedure is scary, and I rate ours here as the best, just about. Scary enough to induce the wish for flight. Ha, flight risk, better remand him in custody, then . .
I keep saying to anyone who will listen, the deterrent for doing wrong, is not the punishment, but the process. Given the process is often longer than the punishment, and to a normal upstanding person more devastating by far, an innocent man is all all too easily ill treated.
er, against who exactly? and on what grounds?
Why would a German Prosecutor want to torpedo a Germans career for an Erik the Lux?
Doesn’t make sense I don’t see a conspiricy just bad coincidence..
I still think FI got rid of the wrong driver…
Are you kidding? To enhance his own profile and career of course! At the very least the motivation will be to avoid allegations that the prosecutors office was being biased towards a compatriate. This way they can act impartial and let the jury make the decision. Taxpayers money at its best!
Isn’t the strangest thing that Force India waited till the end of the season to distance themselves?
Normal behaviour would be to cut all ties with a driver doing something like that straight away
Or stick with them through thick and thin (ie: Keep them next season and keep defending them)
Yet they waited till the end of the season.
Then magically every team knew at once not to go near Sutil.
Conspiracy theory – a deal cut between Lux and Force India – Guys can you just let us race him to till the end of the season? – Then we’ll throw him to the wolves.
Even if Sutil fails to get a ride for the start of 2012, I’m confident he’ll reappear sometime.
Wiiliams should go for Sutil rightly because of this, yet they won’t. Bernie should get involved for the sake of saving the spirit of the old F1, where Pilots where heroes rather than puppets on strings. Yet, this is not going to happen, because all they care for is the ends. Who is Lux? Is he game enough to sabotage a capable man’s F1-career?
He shouldn’t be drinking in the first place.
I didn’t realize Lux needed 24 stitches. I cut my hand recently, bled like crazy, and I needed only four stitches. This doesn’t sound like the minor incident it has been played as. I’ve been plenty drunk and argumentative before, but I’ve never “accidentally” cut someone in the neck with a glass.
Because he has become a good racing driver. I am absolutely not sympathetic with someone who sticks a glass in someone else’s throat, but having a character flaw does not make you a bad racing driver. If he is convicted them I will not feel sorry for him, but my feeling is that his career is being destroyed whether he is found guilty or not.
All the evidence I have heard so far points to Lux acting up, Sutil going to retaliate playfully rather than violently, accidentally hurting Lux.
Rather convenient removing one of the opposition when it has been very clear over the last year that a number of French people, including Lux, are trying to get French drivers into F1 on Nationalistic grounds. The veiled threats to try and drag Lewis into it all are also smelling of the same Mierde de bou avec agenda.
Regardless, this irks me because it compromises one of my favorite forms of posturing, which is to tout F1 stars as superior in character and behavior to those of stick-and-ball sports. Wikipedia has a page titled “List of professional sportspeople convicted of crimes,” and I’m rueing the possibility of another entry under “Motorsport.”