FIA rejects McLaren's Spa appeal

The decision means Hamilton remains just one point ahead of Ferrari rival Felipe Massa in the drivers' world championship with four races to go.

Hamilton would have received a drive-through for benefiting from cutting the Bus Stop chicane, but was given a 25-second penalty instead because the event was already over.

The penalty dropped Hamilton from first to third.

McLaren maintained Hamilton had not gained any advantage from jumping the chicane and decided to appeal the penalty.

The FIA said, however, that drive-through penalties could not be appealed.

"Article 152 of the International Sporting Code states that drive-through penalties are 'not susceptible to appeal'," a statement from the FIA's Court of Appeal said on Tuesday.

"The competitor Vodafone McLaren Mercedes appealed the Steward's decision before the International Court of Appeal in a hearing in Paris on September 22nd.

"Having heard the explanations of the parties the Court has concluded that the appeal is inadmissible."

McLaren claimed in the court that a precedent to appeal Hamilton's 25-second penalty had been set at last year's Japanese Grand Prix, when Scuderia Toro Rosso were allowed to challenge a similar punishment handed down to Vitantonio Liuzzi for overtaking under yellow flags.

The FIA told McLaren, however, that there had been a mistake in Liuzzi's original penalty - and that he too should have been given a drive-through penalty. FIA race director Charlie Whiting claimed that the chief race steward at the time, Tony Scott-Andrews, had told him there had been an error.

However, McLaren produced a statement from Scott-Andrews in court countering the claims of the FIA.

In his statement, he set the record straight by stating: "I have seen the email and I'm extremely surprised by its content. In short, it is grossly inaccurate and misleading."

Although Whiting stood by his belief that Scott-Andrews had informed him he made an error, McLaren's lawyer Mark Phillips made sure that the court should be made aware of the implication.

Phillips labeled it as an 'unfortunate email' and pleaded with the judges: "to reflect when you come to consider your judgment the way in which certain members of the FIA conducted themselves. I won't say any more."