In regards to being against the spirit of the rules, then I say congrats to the team finding an advantage that is not AGAINST the actual rules. Even so, there was no cheating. Hamilton made a close call, being wrong and was punished in accordance to the rules.
It's not that simple, their actions put them in breach of the sporting and potentially the technical regulations, in the former it doesn't have to be specifically worded as a written rule, because the rule itself allowed the stewards to distribute:
"instructions to competitors by means of special circulars in accordance with the Code. These circulars will be distributed to all competitors who must acknowledge receipt."
Which is done at
each race, and therefore any such memo's fall under article 15.1 of the Sporting Regulations, and with which they were subsequently punished.
Therefore McLaren were quite aware that they had to complete their in-lap within a specified time, and by not doing so they would be in breach of article 15.1 of the Sporting Regulations.
That the contents of the memo were not specifically worded in the rules is neither here nor there, the memo was published under article 15.1 and was enforceable as such.
But given Martin Whitmarsh's rather disingenuous words after they were given the penalty, I suggest that it is quite clear that McLaren knew exactly what they were doing when they
(short) fuelled Lewis.
I do find it puzzling how you can so categorically claim they weren't cheating though. The assumption that Hamilton made a close call is wholly debatable, given for that to be the case for example, McLaren must have made at least 2 enormous errors. The first being that they didn't put enough fuel in the car to complete qualifying and return to the pits and give a sample. The second is that they continued to not notice this error until the in-lap, when they told Lewis that he needed to stop, otherwise he would run out of fuel, would not be able to give the sample and would therefore be not only in breach of article 15.1 but also article 6.6.2 of the Technical Regulations.
Whilst the former is perhaps in itself possible, the second mistake is highly improbable given the telemetry data from the car, and the
fact that the team were obviously paying attention to it, as they told Lewis to stop on the in-lap otherwise he wouldn't have enough fuel left to provide a sample.
Of course what they should've done as soon as they realised their refuelling error, was to call Lewis in to the pits, even if this meant that he wouldn't be able to complete his final qualifying lap. But then, McLaren are a team of somewhat dubious integrity.
What this amounts to is that they were able to run their car lighter than is required to comply with
all of the regulations, and of course which also subsequently gave them a grossly unfair advantage over the other teams who were in compliance.
It
was by definition, cheating and I don't see how it can be considered anything other than such.
As far as the other info you posted, I agree with you.
Superman07 said:
Yes, but Ferrari is trying to play the words. They weren't officially asked to let Kubica past, but Charlie suggested that based on what he knew it would be a good idea if they did so. Yes, the timeline of events from the stewards makes the entire thing look stupid, but they're trying to shove blame back by bluring Charlie's actions and the FIA's role.
I don't think they are trying to play the words, Ferrari's point is there was
no stewards decision
(if their account is to be believed of course).
It would have been different if Charlie had come back on the radio and informed Ferrari that the stewards have said you will be penalised unless you hand back the position, then there's no reason to doubt Ferrari would have instructed Alonso to yield the place back.
The problem again is the timeline, it took too long for the stewards to make a decision, but in this case, it appears that Race Control was also giving erroneous information to Ferrari as well.