Kostecki was filmed looking underneath Will Brown’s #888 Triple Eight Ford Mustang and Chaz Mostert’s #1 Walkinshaw TWG Toyota Supra during the Supercars season launch at NEP Studios on Tuesday night of race week.
Brown, who shot the footage, subsequently uploaded it to social media, which triggered an investigation that ultimately resulted in officials taking no action against the 2023 champion.
Kostecki and Brown discussed the matter on their Lucky Dogs podcast this week, where the Dick Johnson Racing star dismissed it as “just a joke for social media”.
Dutton, though, is livid that Kostecki allegedly scored a peek at Triple Eight’s “Intellectual Property” in the form of rear suspension settings ahead of the team’s first race outing with the Gen3 Ford.
Citing an $8 million USD ($11.3 million AUD) lawsuit recently filed by NASCAR team Joe Gibbs Racing against a former employee, Dutton said IP is “mega valuable” among race teams globally.
“In motorsport, stealing IP is worse than drug cheating,” Dutton told Speedcafe.
“If Brodie takes a bunch of steroids, he’s probably not going to drive the car faster. But if he steals other team’s IP, that can definitely make the car go faster.
“It’s very, very, very far from a joke.”
Kostecki said he “saw nothing” under the two cars but also noted the Walkinshaw Toyota was “covered up” underneath – a combination of comments Dutton argues are contradictory.
‘It was a joke’: Kostecki video set off Supercars spy scandal
While Speedcafe is not implying Kostecki committed any wrongdoing, Dutton is fired up by the nature of the driver’s efforts to look under the Red Bull Ford.
Teams ordinarily cover the rear of their cars with a ‘nappy’ when travelling to avoid any prying eyes and apply dummy setups for public events such as launches.
However, Dutton said the timing of the Supercars launch event late on Tuesday night meant Triple Eight already had its starting setup applied ahead of the following morning’s test day.
“The cars are all effectively the same [under Gen3] – same engines, same chassis, same bodywork, etcetera,” said Dutton.
“How we make the cars go faster around the race track is with suspension settings. Half of the suspension setup [at the rear], he had unconsented access to.
“We work stupid amounts, and millions of dollars get spent, developing this IP. It’s a big deal.”
Kostecki and Brown were both heard laughing throughout the video, although the latter did attempt to prevent his former teammate from accessing the Mustang.
“Will tried to stop him and he wriggled out of Will’s grip because he wanted to get under our car,” said Dutton.
“He didn’t do it as a joke and then stop when Will tried to stop him, he continued to force himself underneath the car to have a look.
“For us, it’s a clear breach of the rules.”
Dutton revealed that he was approached by Supercars’ motorsport boss Tim Edwards following the publication of the footage by Brown.
While there is no specific rule stating a team member cannot look underneath the car of another, the Triple Eight manager responded to Edwards by pointing to rule B6.5.4, labelled ‘Conduct Prejudicial’.
The rule states “A person must not do any act, make any omission or engage in any conduct which includes words which is or may be reasonably: Seen as being prejudicial to the interests of any Event, or Likely to bring the sport of motor racing into disrepute.”
Dutton also argued that under rule B6.3.1, the matter could be referred to the stewards despite the fact the race meeting was yet to commence.
That rule states that “Stewards will have jurisdiction to conduct a Hearing into any alleged breach of the Rules and into any matter that relates in any way to Supercars.”
Officials are also said to have looked into the FIA International Sporting Code’s ‘obligation of fairness’ regulations, which DJR had pointed to last year during its Bathurst 1000 protest.
While it’s understood stewards were consulted on the matter, Supercars has confirmed to Speedafe that no action will be taken against Kostecki.
It’s unclear what penalty would have applied if Kostecki had been found guilty, although previous Conduct Prejudicial cases have typically involved fines.
Dutton said teams are not aware of the full recommended penalties table used by stewards, but has a strong opinion on an appropriate punishment.
“My opinion is it’s a suspension from driving,” he said. “It’s worse than drug cheating, and what do drug cheats get? Suspension.
“That’s Mark Dutton’s opinion, not necessarily the team’s opinion, but I don’t think he should have been allowed to compete at SMP.”
Dutton added there should be no awkwardness about the fact Brown was at the centre of the controversy.
Brown said on Lucky Dogs that “we were probably joking around” and that he can “see both sides” of the situation.
“Never shame the victim or the whistleblower. He’s done zero wrong by trying to stop someone doing the wrong thing,” said Dutton of Brown.
“OK, he’s having a giggle, but that’s not because he doesn’t think it’s serious. He’s trying not to escalate it into a confrontational situation.
“He’s a nice guy and trying to be mate by politely stopping him. Will did, in our opinion, the right thing.”
Dick Johnson Racing elected not to comment on the Sydney spy saga when approached by Speedcafe.
It’s the latest flashpoint between Triple Eight and DJR amid the transition of Ford’s factory homologation team and engine supplier status to the Red Bull-backed squad this year.
A handover of key Ford HT information proved far from smooth sailing and included Triple Eight alleging DJR was holding an engine hostage amid its efforts to prepare for 2026.
This article first appeared on Speedcafe.com, a sister site to MotorRacing.com.