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Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 23
We suggest that these conclusions are not only baseless, but demonstrate that Ferrari has lost
objectivity in relation to this matter; they are prepared to and do make wild and defamatory
allegations against my clients. It is suggested that this has nothing to do on behalf of motor sport to
expose a “bad apple”. It has to do with the desperate need to win this season’s and next season’s
championship off the track, if it cannot achieve it where it should be won and lost, namely on the
track.
I have finished my submissions and opening in one hour, leaving me 30 minutes of your time,
which would not otherwise be available. I am aware that you have not had much time with my
client’s evidence. I am going to call Mr Lowe. You cannot hear and question Mr Lowe if you have
not read his two witness statements, particularly the confidential witness statement. If there is to be
any suggestion, in particular in relation to the brake balance system that McLaren has done
anything wrong, you must be given this opportunity. We ask you to take the half-hour to read Mr
Lowe’s statement.
Subject to the Council’s or Mr Tozzi’s requests, you will hear Mr Lowe, Mr de la Rosa, Mr
Hamilton, and Mr Dennis. Mr Lewis and Mr Taylor are both here if you wish to ask questions.
You will see that the papers contain two other statements, from Mr Sutton and Mr Cook. They are
not here and, if you read their statement, you will see that they are very much at the margins of this
matter. Can we take that half-hour to read the evidence when you are comfortable that you have
properly understood what they wish to say to you?
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 24
Max MOSLEY
This sounds very helpful. In other words, you are suggesting that we remain here for 30 minutes,
to read the document.
Ian MILL
I certainly want to call them. We have also brought Mr Lewis and Mr Taylor.
Max MOSLEY
Or you might subsequently wish to call on other people.
Nigel TOZZI
I would like to make two points. It is very important for the Members of the Council to remember,
in reading Mr Lowe’s confidential witness statement, that it is not one provided to Ferrari, nor will
it be. Therefore, I do not have and have not had the opportunity to look at what he has said in order
to cross-examine him. It is a very one-sided presentation of the case. Giving that document to me
now, were it to be done, would not help the situation
Furthermore, in your timetable, you suggested that my time for questioning witnesses should be
fifteen minutes. I would point out that there are only a certain number of areas that I can cover in
that 15 minutes. I cannot cover all of the ground in that sort of time.
Max MOSLEY
We and McLaren would not expect you to do so. The point being made is that these witnesses will
demonstrate the exact opposite of your case. As far as Patrick Lowe’s confidential statement is
concerned, we will very much take into account the fact that it is not possible for Ferrari to crossexamine
and test that evidence
[The proceedings are suspended for 30 minutes, to allow Council Members the opportunity to
become more familiar with Patrick Lowe’s statement.]



II. Witness Questioning
Ian MILL
Provided you are in agreement, I will simply show my witnesses their statements and have them
confirm that their signature is indeed the one on the documents, have them confirm that their
statements are true to the best of their knowledge, after which you may ask them questions. Only
with Mr Lowe do I have a few matters that I wish to clarify.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 25
My first witness is Mr Hamilton.
Mr Hamilton, you have a copy of your statement in front of you. Please look at the second page. Is
that your signature toward the bottom of this page?
Lewis HAMILTON
It is.
Ian MILL
Have you read this statement?
Lewis HAMILTON
I have.
Ian MILL
Are the contents true to the best of your knowledge and belief?
Lewis HAMILTON
Yes.
Ian MILL
Thank you.
Max MOSLEY
Mr TOZZI, do you wish to ask any questions of Mr Hamilton?
Nigel TOZZI
I have no questions for Mr Hamilton.
Max MOSLEY
Does anyone have any questions for Mr Hamilton?
Thank you very much, Mr Hamilton.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 26
Ian MILL
We are making very good progress!
Max MOSLEY
I don’t think it will go on that way…
Ian MILL
Our next witness is Mr Lowe.
Mr Lowe, in the bundle in front of you, could you turn to the last page of the Tab 2, under B
“Statement of Patrick Lowe”. Is that your signature?
Patrick LOWE
Yes, it is.
Ian MILL
Does this represent your non-confidential witness statement to the World Motor Sport Council?
Patrick LOWE
Yes, it does.
Ian MILL
Are the contents true to the best of your knowledge and belief?
Patrick LOWE
Yes.
Ian MILL
Could you go on to Section C Tab 1, behind which there is a document entitled “Confidential
Statement”. Is that your signature on page 19?
Patrick LOWE
Yes, it is.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 27
Ian MILL
Are the contents true to the best of your knowledge and belief?
Patrick LOWE
They are absolutely true.
Ian MILL
Mr Lowe, I informed the Council this morning that there was, annexed to this, a letter signed by
various people within McLaren. Is that right?
Patrick LOWE
Yes. That is correct.
Ian MILL
Before we turn to it, could you inform the members of the Council the background to that
document?
Patrick LOWE
Earlier this week, I feel that I was in a position to come here and represent my statement, which I
believe to be totally true. I felt very confident that I can convince you that I am an engineer of
great integrity. Many of you in the room know me and have known me for many years. You can
take that as read. I felt it would add a great deal of weight if I could show that this applied to my
entire team. I therefore drafted a letter addressed to the Council and invited the engineers to sign.
They all did so, voluntarily. It is found in the Annex; I have also brought the originals, which I can
pass around to illustrate..
Ian MILL
For the assistance of the Council, the document, which may or may not bear signatures, is found in
Annex 12. Perhaps the originals can be circulated.
Max MOSLEY
I think that we can accept that. No one is questioning that.
Ian MILL
Perhaps you could tell the Council who signed the letter.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 28
Patrick LOWE
This letter has been signed by every engineer within my Department. I manage the entire
Engineering function at McLaren, from the aerodynamics, to the design, operation, circuit, etc. No
aspect of the car’s engineering does not come within my brief and the remit of my staff. All of
them have signed, it, apart from one or two individuals who were abroad in distant countries and
were not traceable in the short time available.
They have signed on three principle points:

that they have not seen any of the technical information

that they have not incorporated any of the information

that the car that we built this year and the car we will build next year is wholly derived from
their own work.
Ian MILL
I have nothing further for this witness.
Nigel TOZZI
Mr Lowe, I want to ask you first what you say about Mr Coughlan’s role as chief designer at
McLaren. Mr Coughlan had fifteen to 20 years of experience as a designer, did he not?
Patrick LOWE
That is correct.
Nigel TOZZI
He was paid around 300 000 to 400 000 pounds per annum. Is that correct?
Patrick LOWE
That is correct.
Nigel TOZZI
Therefore, he brought to the role a great deal of knowledge and experience, did he not?
Patrick LOWE
He did, within certain constraints.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 29
Nigel TOZZI
With regard to those constraints, you say that he had the role of a functional manager of a drawing
office. Is that not over-stating the position, Mr Lowe?
Patrick LOWE
No. The function of the Drawing Office, also known as the Design Department, is to draw the car
and show that it operates safely and reliability at the circuit, in terms of design. That does not
extend to generating the performance programme for that car.
Nigel TOZZI
Mr Coughlan had ideas, did he not?
Patrick LOWE
Of course he did. Yes.
Nigel TOZZI
And when he had them, they were contributed to the pool, were they not?
Patrick LOWE
They were, and may or may not have been accepted.
Nigel TOZZI
When Mr Coughlan came up with an idea, you or anyone else could not have any idea where that
came from.
Patrick LOWE
I would not agree with that. You are trying to put words in my mouth. The ideas generated at
McLaren come from our own analysis and research. If people throw in ideas that are from a
foreign source and do not flow naturally from the developments we are pursuing, based on the
problems we have with the car, that would be immediately obvious.
Nigel TOZZI
Ideas must be generated by suggestions, formulated as: “Have we thought about trying X or Y?”
That must happen, must it not?
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 30
Patrick LOWE
It does. However, I am familiar with all of the ideas that come to the pool, as you describe it,
during the period in question. I am at the centre of that process and can tell you that there is no
idea from Mike that I do not understand.
Nigel TOZZI
Let us explore that. Do you agree with this proposition: “There isn’t much on the car that stays the
same; maybe the seatbelts don’t change. From the moment the car is formed in January to the last
race in October, we make an engineering change on average every twenty minutes.” Do you agree
with that?
Patrick LOWE
I agree with that. You need to understand, however, that perhaps 80% of those changes are
responses to detail faults with the car (i.e., radius, an update to the quality of the material, etc.).
These are not performance stems.
Nigel TOZZI
You have not been able to analyse every change made every twenty minutes to the McLaren car
since January.
Patrick LOWE
No. However, as I said, most of those are quality issues or maintenance issues on the cars. Those
relating to performance are in the documents which the gentlemen here have today and which you
analysed when you last met. That is the performance schedule; it is comprehensive, complete and
exhaustive. There is nothing not on there that influences lap time. There is nothing of any dubious
nature.
Nigel TOZZI
As I do not share the advantage of viewing that information and analysing it with a critical eye, I
regrettably cannot challenge you on that. I simply wanted to say that Coughlan is part of the idea
pool, chances are made to the car every 20 minutes and you cannot possibly know the origin of
every single idea.
Patrick LOWE
I think you have used your own words and constructed them for your own purpose. I already
discussed the 20-minute issue. Yes, Mike may throw in an idea, but I am aware of the source of
every idea that contributed to the performance programme. The members here have seen it and had
every opportunity to analyse it.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 31
Nigel TOZZI
In your witness statement, paragraph 5 you say that the Chief Designer is responsible for how
things are done, but not what is to be done. You add that, “while we work collaboratively from
time to time, and the Chief Designer may be aware of what is being considered by the engineering
team, if the car concept is poor, that is not the Chief Designer’s responsibility. The fact is that
there are discussions constantly ongoing between the design team and the engineering team.
Patrick LOWE
That is not so. As I explained in my statement, the model used by McLaren is designed so that the
Chief Engineering structure generates the performance programme. That is fed into the Chief
Designer to implement. As I said earlier, while he is allowed to have ideas and did put them in
every now and then, the performance programme was generated by the chief engineers.
Nigel TOZZI
You have just told us about the letter signed by the engineers at McLaren. In the same way that I
suggest that you do not know where an idea from Coughlan has entered the picture, now would
they.
Patrick LOWE
We have covered this already.
Nigel TOZZI
I have covered you; I am asking whether you agree that the same is true of them.
Patrick LOWE
I don’t understand. We have a performance programme. Everything on it is controlled by the
Chief Engineer. The people who report to Mike in terms of implementation will deal only with that
aspect.
Nigel TOZZI
As regards the signing of the letter, am I correct to assume that the wording was put to each
engineer, who was then asked to sign off?
Patrick LOWE
Each engineer was asked to sign if they wanted and were allowed to sign in privacy.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 32
Nigel TOZZI
They are all employed by McLaren.
Patrick LOWE
Yes.
Nigel TOZZI
It would be right to say, would it not, that since this affair has blown up, there is something of a
“siege mentality” at McLaren?
Patrick LOWE
I don’t know what you mean by that.
Nigel TOZZI
Read the British press, Mr Lowe. There are complaints about victimisation and the FIA
purportedly picking on McLaren. There is a siege mentality.
Patrick LOWE
I think that you are suggesting that people would have lied in signing that, and –
Nigel TOZZI
I am not suggesting that at all. I am not suggesting that they have lied, Mr Lowe. I am suggesting
that they have signed a document which, upon analysis, they cannot know to be true, as they do not
know which ideas have come from Ferrari or not.
Patrick LOWE
We all know on what ideas we have worked and know their provenance. We are absolutely
confident, as I have written in my statement and as they have all signed to now, that the said work
is wholly original.
Nigel TOZZI
I cannot ask you about the brake system, unfortunately, not having seen your confidential witness
statement.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 33
Instead, I would like to ask you about the attack that you made on Mr Costa’s statement, regarding
the alleged illegality of the Ferrari car. I will take this shortly, because I do not think it is that
relevant, but you make a big deal of it. Mr Lowe, Article 315, to which you refer, of the Technical
Regulations refers to aerodynamic influence: “with the exception of the cover described in Article
652 and the ducts described in Article 11.4, any specific part of the car influencing its aerodynamic
performance, must, in compliance with rules regarding bodywork, be rigidly secured to the entirely
sprung part of the car”. Rigidly secured means having no degree of freedom. That is the part on
which you suggest that the Ferrari car was in breach.
Patrick LOWE
Absolutely.
Nigel TOZZI
Do you agree with me that nothing is infinitely rigid?
Patrick LOWE
I don’t know, Mr President, whether we want to explore the finer details of Article 3.15 today. It is
a very complex topic; Charlie Whiting is very familiar with it.
Nigel TOZZI
Do you agree with me that nothing is infinitely rigid?
Patrick LOWE
I do agree, hence there are refinements to this in Article 3.17.
Nigel TOZZI
Exactly. The way the rigidity is tested.
Patrick LOWE
But –
Nigel TOZZI
Follow my questions, please!
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 34
Ian MILL
My witness is in the middle of an answer. My friend will wait for him to finish.
Nigel TOZZI
I will not be told by my friend what to do, but I am happy to let the witness finish.
Patrick LOWE
Article 3.15 is a very complex and old regulation. The refinements in Article 3.17 do not offer an
exclusion, but rather practical guidance on some aspects of 3.15, as Charlie Whiting knows.
Nigel TOZZI
The test for rigidity is that provided for in 3.17-4, namely that the bodywork may deflect no more
than 5 mm vertically, when a 500-Newton load is applied vertically to it, at a point which lies on
the car centre line and 380 mm rearward of front-wheel centre line. That was the test, was it not?
Patrick LOWE
The test in 3.17 does not absolve one of full responsibility under 3.15.
Nigel TOZZI
That was the test, was it not?
Patrick LOWE
It is not an exclusive test, as to your compliance with 3.15.
Nigel TOZZI
That was the test, was it not?
Patrick LOWE
I have already answered that.
Nigel TOZZI
No, you have not. The answer is “yes”, Mr Lowe, because I just read it from the regulation.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 35
Patrick LOWE
That is your answer.
Nigel TOZZI
No, I read it from the regulation. And if you comply with the test, you are deemed to comply with
3.15.
Patrick LOWE
We could spend all day on Article 3.15, with all due respect.
Max MOSLEY
Could I intervene? The situation is as follows. Mr Tozzi means that it is completely wrong to
describe Ferrari’s system in Australia as illegal; it is one that passed the test as it then existed. You
then quite rightly challenged this, and Charlie issued a reinterpretation of the test.
Patrick LOWE
I think the issue is being blurred again by Ferrari. There were two stages to the clarification from
the FIA. In the first, it was said that “you will remove illegal devices”. An illegal device is a
mechanism with pivots, springs, and degrees of freedom that allows one to cynically exploit the
behaviour required in 3.17, in contravention of 3.15. There was a further later clarification that
changed the understanding for the test. Those are two separate issues. That is clear in my
statements.
Max MOSLEY
I do not think that anyone on the World Council would seriously consider that the Ferrari device
was illegal at the time, any more than the Renault mass damper before it was eliminated.
Nigel TOZZI
I am very grateful for that. It was important that this be clear, as these proceedings are apparently
going to be made public. McLaren has repeatedly asserted, wrongly, that the Ferrari car was
illegal, and it is appropriate that the world knows that it was not.
Patrick LOWE
I find that an extraordinary positioned: that something should be only illegal when it is clarified to
be so.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 36
Nigel TOZZI
Mr Lowe may find that extraordinary. You have said what you have said, so it is on the record.
Mr Lowe, what about the interesting question about the McLaren car? You tell us, in Paragraph
26, that when the testing was changed for the Spanish Grand Prix, the concept of McLaren’s front
floor attachment remained unchanged. Did the detail remain unchanged, Mr Lowe?
Patrick LOWE
The stiffness required by the test was increased.
Nigel TOZZI
You were using buckling stay, were you not?
Patrick LOWE
You clearly have not read my statement.
Nigel TOZZI
Oh, I have read it.
Patrick LOWE
That means you do not believe my statement, where I say that we did not use a buckling stay.
Nigel TOZZI
I have a series of photos – a very interesting series of photos – of your car, which show buckling
stay, Mr Lowe.
Patrick LOWE
That is what you assume to be a buckling stay, but you fail to understand the behaviour it has.
Max MOSLEY
Can you help us, because I do not understand and perhaps others do not. If it is not a buckling stay,
what is the proper description.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 37
Patrick LOWE
It is a pre-buckled stay. It is already in the buckling mode before the start.
Buckling implies that it is stiff initially, then buckles. This means it would be very rigid at the
start, then very soft, which would cynically exploit the behaviours in Article 3.17.
Nigel TOZZI
Your suggestion is that nothing on the pre-buckled stay was changed following the change of test
by the FIA.
Patrick LOWE
I did not say that nothing was changed; I said that the concept remained the same. The
characteristics were changed, because the stiffness requirement in 3.17 were changed.
Nigel TOZZI
Exactly. When I asked whether the detail had changed, I thought you said no.
Patrick LOWE
I said yes.
Nigel TOZZI
In other words, when the rule changed, it was not only Ferrari that had to change its car; McLaren
did too.
Patrick LOWE
We changed the detail, as I stated a minute ago, but we did not change the concept.
Nigel TOZZI
It is the pot calling the kettle black.
Patrick LOWE
Those are your own words, and I think you know how you arrived at them.
Extraordinary Meeting Fédération Internationale de l’Automobile
Paris, 13 September 2007 38
Max MOSLEY
Could I raise a couple of points?
We were told, during the last hearing, that Mr Coughlan did not communicate into the system; his
contribution was the sign-off. “If he were here, Mr Lowe would tell us that any of the McLaren
designers, if they wish to add a new idea, must clear it with others, in particular with him.” We
were given the strong impression that Mr Coughlan was signing off drawings. That is not entirely
true, is it?
Patrick LOWE
That he was just signing off drawings? I do not know what you are referring to, exactly. That
would be an over-simplification. I absolutely acknowledge that.
Max MOSLEY
We are then told, on page 12 of your statement, that “Pat Frye held several brainstorming sessions
with Mr Coughlan. I have specifically checked with Pat Frye, and he has confirmed with me that
Mr Coughlan did not impart any Ferrari confidential information.” You have stated several times
that you did not impart confidential information. You did have a spectacular idea…
Patrick LOWE
Yes, I am rather proud of that idea.
Max MOSLEY
“Thinking laterally overnight, I suddenly hit upon a solution.” I will not read anymore, because it
is a bit confidential. It was like a brainwave, in effect.
Patrick LOWE
Yes, it was really. One of those that comes about once a year.
Max MOSLEY
Then, it has been admitted that Mr Coughlan produced a few ideas himself. You said so just now.
Patrick LOWE
Generally speaking, or on this project?

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