Motor Racing: Benetton escape penalty after 'confusion' over refuelling: FIA world council decides the championship leaders and McLaren-Peugeot merely made mistakes and did not cheat

BENETTON-FORD emerged from their latest legal skirmishes with the motor sport authorities yesterday suffering no further losses but celebrating no gains: a case of much ado about nothing new. McLaren-Peugeot also escaped punishment for using an illegal automatic gear-change at the San Marino Grand Prix.

The focus of attention at the hearing in Paris, however, was Benetton and the cause of their No 1 driver, the world championship leader Michael Schumacher.

Benetton, who faced the possibility of expulsion from the championship, were cleared of illegally tampering with the refuelling system at the German Grand Prix, when the car of their other driver, Jos Verstappen, was engulfed by a flash fire. But an appeal against Schumacher's disqualification in Belgium 11 days ago was rejected.

It means the German, who misses the next two races, has only a 21-point advantage over Damon Hill. If the Williams-Renault driver wins in Italy on Sunday, and Portugal a fortnight later the two leading contenders go into the final three rounds of the championship separated by one point.

If it was a mixed result for Benetton it was also for Charlie Whiting, the technical delegate of the sport's governing body, the FIA, who was involved in both controversies. Benetton never disputed that they removed the fuel filter at Hockenheim, insisting that they did so with the knowledge and approval of Whiting.

After hearing Benetton's defence, the world council of the FIA decided that the team had made an 'honest mistake' in removing the filter. Max Mosley, the FIA president, said that there were three factors which had made the world council doubt Benetton's guilt.

The first was a letter produced by Benetton, from the refuelling equipment suppliers to the French team Larrousse, saying that the filter could be removed.

The second was Benetton's evidence that the filter had been removed by a junior member of the team and there had been no intention to earn an advantage.

The third was that Benetton had not tried to hide the removal of the filter and had not replaced it before officials took possession of the equipment three days after the fire.

Mosley said: 'There was simply too much doubt, too much confusion, and too much uncertainty on who had done what and why. It looks as if we are being lenient but, in fact, we are following the evidence carefully.'

A curious twist, this, since Benetton earlier made no secret of the fact that the removal of the filter was intended to speed up refuelling. That point and the debate over whether Whiting gave his consent appear to have been conveniently pushed into the background.

The authorities agreed with Whiting that the wear to the skid block under Schumacher's car in Belgium constituted an infringement of regulations. Schumacher was first across the line, but the disqualification gives victory to Hill.

Last night, Benetton said they were 'delighted that the FIA stated in clear terms that there was no question of the team cheating.'

Explaining the decision in McLaren's case, Mosley said there was a difference in interpretations of the rules, and the team had not deliberately acted illegally.