Desafio Espanol on Day 7 of the Louis Vuitton Cup Semi-Finals. Is it bye-bye forever?
The ex Challenger of Record, Desafio Espanol has called for common sense to prevail in the current America's Cup crisis.
Desafio Espanol are, of course, the initiators of the current impasse when they allowed their team to be associated with the five man yacht club, formed specifically to be the Challenger of Record for the 33rd Match for the America's Cup.
In doing so they signed off on what has been describd as the worst text in America's Cup history. That document became the Protocol for the 33rd Match, and within a week the matter was on the desk of the New York Supreme Court.
Two weeks ago, Justice Herman Cahn ruled on their club's legitimacy as Challenger of Record, and found that sorry, the cap of Challenger of Record didn't fit the head of Club Nautico Espanol de Vela.
Now as the settlement order is being signed in New York, the awful truth of their actions seem to have dawned on the ex Challenger of Record, and their team faces wind-down until the matter is resolved - either on the water or through further rounds in the Appelate Courts.
Even more incredibly, their self-described 'legal adjustment' of a yacht club was rumoured to have Appeal papers fully prepared and ready to lodge in New York once the settlement order is signed.
The full statement from Desafio Espanol reads as follows:
It is with great concern that the Desafío Español views the current situation regarding the America's Cup.
The delay in making decisions about the format and dates for an event in which teams can participate other than the Defender and the new Challenger of Record is alarming. Without wishing to point the finger or apportion blame anywhere precious time is being lost.
With this loss of time comes undue uncertainty, which is dramatically affecting all teams, their families and sponsors, saying nothing of the image of the event as a whole. Desafío Español implores both parties to use common sense and basic sportsmanship to resolve this conflict now. Put aside personal agendas and think of a greater good.
The Defender and the Challenger of Record must assume their respective responsibilities within the America's Cup community, including the potential challengers of the 33rd America's Cup and all other parties involved. They must find an exit to this conflict that will allow the finalisation of a schedule for the competition.
The lack of certainty today and into the future is only of both parties' making. The damage that is being wilfully done can only be blamed on them both.
Maintaining today's situation into the future is a serious irresponsibility which they may have to assume.
Further significant developments in this bizzare story are expected in the very near future.