Please select your home edition
Edition
Wildwind 2016 728x90

America's Cup- ISAF refuses to uphold de Ridder Appeal over exclusion

by Richard Gladwell on 15 Sep 2013
Oracle Team USA after rounding Mark 2 of race 6, Kyle Langford (AUS) had to step into de Ridder’s place after his exclusion from the 34th America’s Cup, just four days before the start of the regatta. © Richard Gladwell www.photosport.co.nz

The International Sailing Federation's Review Board, has not upheld an Appeal by Oracle Team USA wing trimmer Dirk de Ridder over his exclusion from the 34th America's Cup.


In an earlier version of this story Sail-World incorrectly identified Matt Mason as being involved, when it should have been Matt Michell. The error has now been corrected. Sail-World wishes to make it absolutely clear that Matt Mason was not involved in this incident, and makes the sincerest apologies for any reference to Matt Mason.

Earlier de Ridder was one of five Oracle Team USA people named in a decision handed down four days before the start of the 34th America's Cup over measurement tampering during the last four events of the America's Cup World Series.

The investigation by the International Jury lasted almost six weeks. Three of the Oracle Team USA crew received suspensions from the event for their part in the affair, including Matt Mitchell (NZL) who was suspended from sailing for four days. A member of the shore crew, Andrew Walker (NZL) was excluded for the remainder of the America's Cup Regatta. Dirk de Ridder (NED) wingsail trimmer was also excluded for the remainder of the America's Cup Regatta.

In its Decision the five person Review Board, who met under urgency stated:

The Review Board does not consider that Mr de Ridder’s Competition Eligibility and/or ISAF Eligibility have been suspended (see definition of 'eligibility' in Article 79.1 of the ISAF Constitution and the definitions of those terms in ISAF Regulation 19). Exclusion from the event under RRSAC 69 is not a suspension of Competition Eligibility or ISAF Eligibility.

Only an ISAF Member National Authority or ISAF itself (acting through the Disciplinary Commission) may suspend eligibility and neither body has done so at this stage.

With respect to the decision of the International Jury under RRSAC 69, the Review Board notes the decision of the International Jury is 'final and binding' as per Article 15.13 of the Protocol governing the 34th America’s Cup.

Consequently the jurisdiction of the Review Board is not engaged at this time and it has no authority to grant the relief Mr de Ridder seeks. If Mr de Ridder’s Competition Eligibility and/or ISAF Eligibility are suspended at a later date by his Member National Authority or the ISAF Disciplinary Commission, then the right of appeal to this Board will arise.


The full Decision can be read by clicking here

In summary, the Review Board upheld the authority of the International Jury to suspend sailors from the America's Cup Regatta. The suspensions do not constitute a suspension from the sport, for which the International Jury does not the authority.

That can only be done by the individual sailor's National Authority in the case of Walker and Mitchell, Yachting New Zealand and in the case of de Ridder, the Dutch National Authority (Koninklijk Nederlands Watersport Verbond). Both national bodies will consider the Report received from the International Jury before making a decision as to whether further action will be taken against the three. If they do decide to recommend to ISAF that they be suspended from the sport for a period, that decision gets passed onto the the International Sailing Federation who can uphold the decision, decline it, or modify. Ultimately it is only the International body that can make a decisions to suspend a sailor from the sport - not a Protest Committee or Jury, or a National Authority.

Four sailors are currently under suspension ranging from a few days to five years.

In addition to the $250,000 penalty levied against Oracle Team USA by the International Jury, the team has been charged $30,000 in Jury costs. Emirates Team NZ has also been charged $5,000 for Jury costs over an unrelated measurement application to the International Jury which was not upheld.

PS: This story earlier
Wildwind 2016 660x82Festival of Sails 2017 660x82Dubarry 2016 660x82 1

Related Articles

Rolex Sydney Hobart Yacht Race - Suck it up, sunshine!
The 72nd start of the iconic blue water classic had 300,000 spectators lining the foreshores of Sydney Harbour The 72nd start of the iconic blue water classic had 300,000 spectators lining the foreshores of Sydney Harbour, another two million watching on TV, and the constant buzz and whir of media helicopters overhead. 88 boats, from Australia, USA, UK, Germany, Sweden, Russia, Japan, Korea, China, oh and New Zealand, had lined up on three start lines.
Posted on 31 Dec 2016
Rolex Sydney Hobart Race - More merriment on the airwaves
Here are more examples of merriment on the airwaves between the boats and Hobart Race Control So on December 29, 2016, after the River Derwent had let just three boats home (Perpetual Loyal, Giacomo and Scallywag, all inside the old race record, she went to sleep for a lot of the day. This made it frustrating for the sailors, some of whom saw the lighter side. So after seeing some of those in Dark & Stormy, here are more examples of merriment on the airwaves between the boats and HRC
Posted on 29 Dec 2016
Sydney Hobart Race-Dark and stormy, well because it is Dark and Stormy
Proving that there is a lighter side to the frustrations that is a race to Hobart Well it is now dark and the rain 'storms' have passed, but proving that there is a lighter side to the frustrations that is a race to Hobart, the custom Murray 37, Dark & Stormy had a wonderful exchange on the radio. Quite possibly it was co-owner and Navigator Terry Courts on the VHF in the super-frank exchange with Hobart Race Control at around 1928hrs on 29/12/16.
Posted on 29 Dec 2016
Rolex Sydney Hobart Race - Wicked
ather and Son outfit, Wicked, are Matt and Mark Welsh from Melbourne. Matt is at home on the couch after knee surgery Father and Son outfit, Wicked, are Matt and Mark Welsh from Melbourne. Matt is at home on the couch after knee surgery, but Mark is out on the water, approaching Hobart. From on board he said, 'Amazing race. Barely any windward work. Just does not get better than this. Bit of gear damage cost us early, and we had to sail a little conservatively.'
Posted on 29 Dec 2016
Rolex Sydney Hobart Race - Accepting the Challenge
When you buy a boat like the late Lou Abrahma's Sydney 38, Challenge, you're almost obliged to keep taking her South When you buy a boat like the late Lou Abrahma's Sydney 38, Challenge, you're almost obliged to keep taking her South at Christmas time. Luckily this has not been a problem for Chris Mrakas and his new crew, which includes Bruce Reidy
Posted on 29 Dec 2016
Rolex Sydney Hobart Race – 67 out of 70
It's a pretty awesome score in anybody’s language. When it is the number of hours you spend under kite It's a pretty awesome score in anybody’s language. When it is the number of hours you spend under kite in the 72nd Rolex Sydney Hobart Yacht Race so far, then it is more than A+++. Anto Sweetapple from on board the Jones 40, Quetzalcoatl, reports in from at sea for us.
Posted on 29 Dec 2016
Rolex Sydney Hobart 2016 - The 60 Hour report card
60 hours into the 72nd Rolex Sydney Hobart race. 16 boats finished,five boats retired and 67 boats at sea. The state of play 60 hours into the 72nd running of the Rolex Sydney Hobart Yacht Race. At 0100hrs Australian Eastern Daylight Savings Time this morning, 16 boats had finished the 2016 race. Five boats had retired, and 67 boats were still on the water.
Posted on 28 Dec 2016
Rolex Sydney Hobart Race – the second step for CQS and 2017
It was a frustrating end to a frustrating race for the newest supermaxi in the 2016 Rolex Sydney to Hobart race It was a frustrating end to a frustrating race for the newest supermaxi to compete in the 2016 Rolex Sydney to Hobart race. It was just her second ever race, with her first, the White Island Race in New Zealand, producing a line honours win. While Ludde Ingvall’s radical new 98-footer CQS had a very slow passage across an almost windless Storm Bay and River Derwent.
Posted on 28 Dec 2016
Rolex Sydney Hobart Race – Derwent sleeping it off?
We spoke about how anyone with an interest in ensuring Perpetual Loyal got Line Honours, also a new record in the race In the article Right-turn-means-record-in-mortal-danger, we spoke about how anyone with an interest in ensuring Perpetual Loyal got Line Honours and also a new record in the race should go down and pour a rum into the River Derwent from Constitution Dock. Looks like they did. However, they may have poured the entire barrel in, because now the River is sleeping it off.
Posted on 27 Dec 2016
Rolex Sydney Hobart Race – Race record smashed
On Day Three (just) of the 72nd Rolex Sydney to Hobart Yacht Race Perpetual Loyal smashed the race record On Day Three (just) of the 72nd Rolex Sydney to Hobart Yacht Race, in the strongest downwind conditions in recent times, certainly as good as the 1999 iteration of the blue water classic, Anthony Bell’s supermaxi, Perpetual Loyal, the former Speedboat and then Rambler 100, smashed the race record for the famous 628-nautical mile event.
Posted on 27 Dec 2016