He potentially failed the test on the basis that he was banned from Motor Sport for his alleged actions. The ban being overturned means that he is not banned. However, the ban was overturned because the FIA had no legal right to impose such a ban - it is not a statement to the effect that he did not commit or conspire in the act.
Whilst Briatore still denies any involvement in the crashgate scandal, it is possible the FA could consider him as not fit or proper as a result of that alleged involvement. The problem with that is they have no grounds to ban him for something he hasn't done (wether he did it or not) and as matters stand he has not been proven guilt of doing anything. Good old Witness X, upon whom the FIA based their grounds for banning FB appears to be a non-person thus rendering their evidence inadmissable (in fact a tissue of lies).
Do you think the FA will step up and look to prosecute FB - of course not and nor should they.
The Claimants credibility (that is is FIA) was shot to pieces when it came to light that there was no living Witness X and the rest of it will remain a mystery to all but those actually involved.
In summary, unless they can find some other grounds I don't see how FB fails the fit and proper person test.
Whilst Briatore still denies any involvement in the crashgate scandal, it is possible the FA could consider him as not fit or proper as a result of that alleged involvement. The problem with that is they have no grounds to ban him for something he hasn't done (wether he did it or not) and as matters stand he has not been proven guilt of doing anything. Good old Witness X, upon whom the FIA based their grounds for banning FB appears to be a non-person thus rendering their evidence inadmissable (in fact a tissue of lies).
Do you think the FA will step up and look to prosecute FB - of course not and nor should they.
The Claimants credibility (that is is FIA) was shot to pieces when it came to light that there was no living Witness X and the rest of it will remain a mystery to all but those actually involved.
In summary, unless they can find some other grounds I don't see how FB fails the fit and proper person test.

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