Mosley admits deffuser debate will not subside

The 2009 season kicks off in Australia on Sunday week, but 'diffuser-gate' is likely to drag on at least until the teams return to Europe after the first two races.

The three teams in question – Brawn GP, Toyota and Williams – have all taken advantage of grey areas in article 2.4 of the technical regulation, with noticeable results in testing, and it is understood that two other teams have now written to the FIA with their concerns, supplying data to back up their objections.

So who will the FIA side with?

"It's a very clever device and you can make a very good case for saying that it's legal and a very good case for saying that it's illegal," Mosley remarked of the diffuser. "It's going to be difficult.

"What's actually happened is that teams are saying 'We think it's illegal for this and this reason.'

"If there had been more time before the detailed objections to the system were sent in, I would probably have sent it to the FIA Court of Appeal before Australia. And actually I have given thought to that this week. But there isn't time. It wouldn't be fair. I think the thing will probably come to some sort of a head in Australia.

"One possibility is that all the teams agree that it is illegal, and therefore all the teams shouldn't have it from Barcelona. But then those teams who say it is legal will say 'Why should we do that?' And those that say it's illegal will say 'Why should we lose an advantage for four races?'

"And so probably what will happen is it will end up going to the stewards, who will make a decision. That will almost certainly be appealed by whichever side is disadvantaged. And then that will go to our Court of Appeal and be hammered out."

"It's not straightforward. I have an open mind on it at the moment – I can see it going either way. I really can. But somebody has to make their mind up and fortunately it's not my job." Daily Telegraph