Musquin sits it out
By TMX Archives on 9th Jul 09
ORDERED mid-week to return to NGS Honda by a French high-court judge, World MX2 Championship leader, Marvin Musquin, sat out the Swedish GP at the weekend and saw his series lead slashed to just 13 points as a result.
The drama began on Tuesday when, after ten days of deliberation, the high court in Le Havre ordered the French teenager to return to NGS Honda and break all contact to the KTM factory and KTM France for the remainder of this year.
The court came to the conclusion that the French teenager is legally contracted to NGS Honda until December 31, 2009, ordering Musquin to pay compensation of 150,000 Euros to NGS for his failure to respect the contract.
KTM Mattighofen and KTM France were ordered to end all association with Musquin within 48 hours of the court ruling or be liable to a fine of 15,000 Euros per day. This order remains in force until December 31, 2009.
In addition Musquin and KTM were ordered to pay the legal costs of NGS's action – 5,000 Euros – in addition to a fine for the contravention of French civil law of 6,000 Euros.
An appeal on Thursday was rendered inadmissible, and no further hearing could be heard until after the weekend. Musquin's legal team has 15-days from the date of the initial verdict to submit a valid appeal. The drama then transferred to Uddevalla.
Both KTM and NGS had bikes in the paddock bearing the red 25 plate, but the Honda crew had their hands tied as Musquin's KTM mechanic, Jon Primo, held the rider's licence. Primo presented the Frenchman's orange machines on Friday morning and, after authorisation from the Youthstream race office, they were accepted.
As each rider may only present two machines for inspection, Musquin would no longer be permitted to switch back to Honda this weekend in accordance with the FIM rule book.
Youthstream president, Giuseppe Luongo, explained the position of Youthstream: "I have no legal right to decide what marque Musquin should race here. I gave him the responsibility and he said: "I will definitely race KTM!” So I have accepted his entry. I do not want to enter on any judgment in this case – normal justice must decide.”
When KTM Off-Road Sporting Director, Pit Beirer, arrived at Uddevalla on Friday afternoon he admitted: "I was coming anyway, but I didn't reckon with some of the things I have to deal with this weekend.”
After stressing: "We do not have a contract with Marvin!” He added: "I hope there is more news before tomorrow morning. There was another hearing on Thursday, but we have not yet heard the full verdict. Anyway, the court case is between NGS and Marvin. He must decide what he wants to do, but KTM will support him, all the way to the European Court in Strasbourg if it is necessary.”
Suddenly, on Saturday morning, the saga took another twist.
"Marvin advised us a few minutes ago that he will not be riding KTM this weekend,” admitted KTM's Pit Beirer at 9.05am.
The intention was confirmed by Musquin's manager, Yannig Kervella, a few minutes later: "Marvin will ride for NGS this weekend.”
While the NGS mechanics were preparing two bikes in race trim for Musquin, Honda Europe's Roger Harvey and NGS team owner, Bruno Losito, met with race director, Dave Nicoll, to request an exception to the rule that only two bikes per rider may pass Technical Control, also for an extension to the 8am closing time for Technical Inspection. Both requests were turned down.
With no Hondas available Musquin, his manager and legal representative returned to deep discussion with KTM.
At 1pm Beirer announced to a packed press room: "Marvin will not race this weekend. Earlier this year, I was already in contact with Marvin for 2010, but one day he opened his heart to me and said he was not paid by his team for one-and-a-half years. This is not the way to treat our athletes.
"One day he decided he would come to us, I gave him a bike and he has made some good results. But this week there was a court decision and we said we had to respect the court decision.”
Musquin himself added: "I am very disappointed. I will not participate to respect the legal decision.”
A listening NGS team owner, Bruno Losito, confirmed that Musquin had not been paid by his team for around 18-months: "It was not possible to pay. I do not have the money.”
Soon after Roger Harvey added: "Marvin Musquin had a financial offer on September 4 last year to ride a Honda in 2009. He did not take up the offer.”