Please select your home edition
Edition
Fever-Tree 728x90

America's Cup- Int Jury to hold Hearing into Oracle AC45 claims

by Richard Gladwell on 21 Aug 2013
The strict one-design AC45’s, including two boats from Oracle Team USA, lined up ahead of the Red Bull Youth America’s Cup. ACEA - Photo Gilles Martin-Raget http://photo.americascup.com/

The International Jury has announced that it will hold a preliminary inquiry into an Application lodged on August 19, by Oracle Team USA alleging that members of the Luna Rossa and Emirates Team New Zealand have infringed one of the provisions on Reconnaissance of the Protocol governing the America's Cup.

The exact nature of the claims by Oracle Team USA are not stated except that it claims the incident occurred 'when team members of both Competitors trespassed onto OTUSA owned AC45 Yachts in an attempt to gain information about OTUSA.’

The provision claimed to have been breached says:

RECONNAISSANCE
37.2. The Competitors are prohibited from engaging in any of the following in an attempt to gain information about another Competitor:
(a) any illegal act;


In the published information, Oracle Team USA does not seem to have publicly stated the exact nature of the incident, and what could have been learned from the one design, single manufacture AC45 yachts, that could have been relevant to the two Challengers' America's Cup class catamarans.

Neither does it state whether the allegation relates to the team's two AC45's being used for the Red Bull Youth America's Cup, or the two foiling AC45's used for development work. However the Jury Directions in the case identify the two boats involved as being those involved in the Red Bull series.

They are the same two boats which are centrestage in the Article 60 and Rule 69.1 Hearings, being conducted by the International Jury on August 26, relating to the modification of those boats, plus the AC45 of Ben Ainslie Racing, also maintained by Oracle Team USA. The measurement discrepancy was reported almost a month ago on July 26, 2013.

Oracle Team USA have requested the International Jury to undertake an investigation and report back to Oracle Team USA.

The International Jury has stated that it will hold a preliminary hearing, Tuesday, August 21 at 9.30am to address whether the actions complained of 'can amount to an illegal act ... in order to gain information in respect of the AC45 yachts.

If there is found to be a case to answer, the International Jury will issue further directions, which will address Oracle Team USA's interim request.

Emirates Team NZ have dismissed the claims as 'laughable', saying they were providing support to a 'Yachting New Zealand crew which is competing in the Youth America’s Cup is using the Emirates Team New Zealand’s AC45. ETNZ has provided support, including helping to prepare the yacht for competition. The YNZ AC45 was parked alongside an Oracle yacht on common ground at Pier 30/32.'

No further penalty from boarding incident
In another case, bought by the Regatta Director the International Jury has decided to proceed no further in the aftermath of an Emirates Team NZ support crew boarding the team's AC72 before a race had finished, after she suffered a total power loss in Race 2 of the Louis Vuitton and was claimed to be drifting.

While the Jury found that the team had broken the rules regarding the time and process for support crew to come aboard an AC72, they were done for real concerns about safety of the AC72.

Both attending parties, being Luna Ross and America's Cup Regatta Management submitted that there should be no additional penalty imposed. Emirates Team New Zealand submitted that the fact they had been Disqualified from the race was sufficient penalty.

The reason for the rule, is believed to be to prevent support crews boarding a broken boat prematurely and thereby gaining more than the 30 minutes allowed between races to effect repairs. A breach may have carried a significant penalty. However given that the second race for the day was postponed due to winds exceeding the wind limit, the incident was less serious than would otherwise have been the case.

Insun - AC ProgramC-Tech Emirates TNZPredictWind.com

Related Articles

A Q&A with the RORC’s Nick Elliott about the 2017 Rolex Fastnet Race
I caught up with Nick Elliott, RORC Racing Manager, via email, to learn more about the world-famous Rolex Fastnet Race. When one stops to consider the world’s best ocean races, the Royal Offshore Racing Club’s Rolex Fastnet Race, which starts on Sunday, August 6, 2017, is never far from mind. I caught up with Nick Elliott, RORC Racing Manager, via email to learn more about the race’s history and evolution, its challenges, and the amount of work that goes into pulling off this world-famous regatta.
Posted on 1 Aug
Ian Walker - Musto Ambassador on the Volvo Ocean Race, America's Cup
Ian Walker on his Volvo Ocean Race win, why food and clothing are so important offshore, his views on the America's Cup We speak to Musto ambassador Ian Walker about his Volvo Ocean Race win, why food and clothing are so important offshore, his views on the America's Cup, his new desk job, sailing for fun, and 20 years of the John Merricks Sailing Trust.
Posted on 23 Jul
Black Jack Yachting. Bigger boat. Bigger team. Even bigger performance
Throughout the iterations of maxis called Black Jack, a strong, consistent and talented team has been their focus Throughout the iterations of maxis called Black Jack, a strong, consistent and talented team has been their focus. Some were sail makers, like Skipper Mark Bradford and also Vaughan Prentice from North Sails’ Brisbane loft. Others were riggers, such as Bruce Clarke, and there are even boat builders, like Gary van Lunteren, as well as Ash Deeks.
Posted on 20 Jul
Gladwell's Line - America's Cup returns to its new home and thinking
Emirates Team New Zealand's win in the 35th America's Cup ends 17-years of wandering in the AC wilderness Emirates Team New Zealand's win in the 35th America's Cup ends 17-years of wandering in the AC wilderness and will open a new era of America's Cup, New Zealand and World Sailing. A rookie crew won the most prestigious trophy in sailing, and one of the most difficult to win in any sport.
Posted on 29 Jun
SuperFoilers Are Go!
SuperFoilers represent many things. Whilst those components are disparate and virtually from different planets SuperFoilers represent many things. Whilst those components are disparate and virtually from different planets in the great scheme of things, they come together in the one form as harmoniously as a Rolls Royce, and also deliver intense energy way past the sum of their parts, just like some amazing band.
Posted on 28 Jun
Jeanneau Sun Fast 3600 - It just works
Every now and then a boat just clicks. It has all the right bits, of the correct dimensions, in the appropriate places Every now and then a boat just clicks. It has all the right bits, of the correct dimensions, in the appropriate places, and out of it all you get something that simply sings. The Jeanneau Sun Fast 3600 is one of these craft. It was designed and built in parallel to the other, more well known versions of the brand’s vessels, and benefits from being more geared towards performance, without going tot
Posted on 23 May
America's Cup - Southern Spars AC50 build for Emirates Team NZ + Video
The Peter Blake skippered Steinlager 2 put Southern Spars on the map 27 years after Steinlager 2 put Southern Spars on the map with her unequalled clean sweep of the 1989/90 Whitbread Round the World Race, Southern Spars were called on to build Emirates Team NZ's America's Cup Challenger. Here's a look behind the scenes at the composite engineering process Southern Spars employ on projects ranging from Volvo OR spars, to Olympic bike wheels to an AC50
Posted on 1 May
She’s still here with us, and now we can be there for her
Of the many endearing qualities in Lisa Blair, the one that is paramount is her effervescence. Of the many endearing qualities in Lisa Blair, the one that is paramount is her effervescence. Yet it is what lies behind that which could be her most incredible characteristic. Sometimes you can almost overlook her steely determination, but not for long when you start talking with her. Catching up with her live from Cape Town surely was a vivid reminder of not only what this sailor can accomplish
Posted on 24 Apr
Gladwell's Line - Timeout in Bermuda and a decision OTUSA will regret?
With Emirates Team New Zealand's AC50 now in Bermuda and being re-assembled, it is time to take a breath With Emirates Team New Zealand's AC50 now in Bermuda and being re-assembled, it is time to take a breath from what has been a hectic couple of months, both in Auckland and Bermuda. The third major Practice Session has concluded in Bermuda. This was conducted almost entirely if winds of around 16-25kts - starting to get close to the top end of the range for the AC50's.
Posted on 20 Apr
America's Cup - Glenn Ashby on hitting the AC50's sound barrier
These boats are incredible. The performance that can be achieved in light airs is the amazing thing. The big difference between the AC72, the America's Cup Class, used in the 2013 America's Cup in San Francisco and the smaller AC50 to be sailed in Bermuda, lies in their light and medium air performance. 'These boats are incredible. The performance that can be achieved in light airs is the amazing thing. In 7-8-9-10 knots of breeze, you are sailing at 30kts at times.
Posted on 18 Apr