Damon Hill believes the World Motor Sport Council should not strip Fernando Alonso of the points he won at the German Grand Prix when it convenes in Paris on Wednesday afternoon, because he believes the rule banning team orders is "fundamentally flawed".
The WMSC has the power to all but end Alonso's title challenge if it excludes Ferrari from the race classification at Hockenheim in July.
The Italian team were fined $100,000 on the spot by stewards who felt they had breached Article 39.1, which prohibits team orders "that interfere with a race result", by issuing coded instructions to Felipe Massa telling the Brazilian to stand aside and allow Alonso through for the win.
The matter was also referred to the WMSC, the governing body's highest authority, for "further consideration".
Alonso is 41 points behind championship leader Lewis Hamilton with just six races of the season left, and would fall 66 points behind if stripped of his victory.
Although that is what former FIA president Max Mosley would like to see happen, Hill believes exclusion would be too severe.
"Flexing their muscles because they can is not necessarily wise," said the 1996 world champion who is now president of the British Racing Drivers' Club.
I don't think a punishment that big would fit this particular crime."Hill argues that while the WMSC must act if it can prove clear-cut cheating, it would not be right to "throw the book" at Ferrari since the rule has become so ambiguous.
"Teams say they are not implementing team orders but we all suspect that what they are doing is indicating to the driver how they would like them to perform, which can't be construed as an order," he said.
It is an issue which has been creeping up for some time and has not been addressed and I think Ferrari might get off because the rules aren't clear."This is where the sport doesn't do itself any favours. It needs a media circus to make the necessary changes. I mean, this is happening four days before the Italian Grand Prix."
Hill said he would prefer a rule whereby teams are free to impose team orders and drivers are protected if they choose not to accept them.
With Mosley no longer in charge, it is unclear how today's WMSC meeting – which will also cover other issues such the 2011 calendar, new regulations and possibly a 13th team – will pan out.
New FIA president Jean Todt will not be chairing the Ferrari hearing due to previous links with the team. It will be chaired instead by London barrister Graham Stoker, the FIA's deputy president.
