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They deserve to be penalised more than the 100,000 that they have already been fined. That amount is loose change for them. If we get into definite budgets, fines could be percentages of budgets. That would really hurt a team if they transgress.
As for the teams remarks that Smedley's apology to FM was because the car wasn't good enough, well that's just trying to make a story fit the facts.
As for the 2010 season, I believe that they only have an outside chance. If they don't go well at Monza, I think that'll be it.