by Di Pearson
Protest by: AUS1084, AUS1237, AUS1117, BER1249, USA1060, AUS1273, AUS509, AUS1237, HKG1269, AUS1160, AUS945, AUS751, AUS893.
Against: Race Committee Represented by: Arthur Hodge
Race No. 7
1. The RC abandoned race 7 as the leading boats
were part way through the second leg.
2. The RC started the resail of race 7 at
3. Sunset was at 17.22hrs.
4. Class Rules Appendix A 11D (3) requires no
start for course 2 to be within 4 hours of
5. SI 15.1 states time limit for Course 1 is 4
hours and for Course 2 is 3 hours from the
6. SI 1.3 states ‘The International Etchells
Class Association rules will apply except as
modified by these Sailing Instructions. The
Class Governors have approved all variations
from Class Rules Appendices in these
Conclusions and Rules that Apply:
Race 7 was abandoned by the Race Committee in accordance with RRS 32.1(e). There was no improper action of the Race Committee in abandoning race 7.
There was an improper action of the Race Committee in starting the resail of race 7 within 4 hours of sunset, in breach of Etchells Class Rule Appendix A 11D(3).
The Sailing Instructions do not amend Etchells Class Rule Appendix A 11D(3) in that SI 15.1 refers to a time limit to complete the race and Etchells Class Rule Appendix A 11D(3) limits the start time of a race.
The Jury erred in awarding redress by abandoning race 7 as during the hearing no boat demonstrated that the improper action of the Race Committee resulted in their finishing place in race 7 or the series was made significantly worse through no fault of their own.
Redress is denied. RRS 62.1(a)
The results of Race 7 are reinstated.
Ronnie McCracken HKG (Chairman); Shane Borrell NZL; David Tallis AUS; Dick Kempe BER; Jim Annand AUS;
RRS 62.1 A request for redress or a protest committee’s decision to consider redress shall be based on a claim or possibility that a boat’s finishing place in a race or series has, through no fault of her own, been made significantly worse by
(a) an improper action or omission of the race
committee or protest committee,
SI 1.3 The International Etchells Class Association rules will apply except as modified by these Sailing Instructions. The Class Governors have approved all variations from Class Rules Appendices in these instructions.
SI 15.1 The time limit for Course 1 is 4 hours and for Course 2 is 3 hours from the starting signal.
Etchells Appendix A 11 D(3)
Course 1 shall not be started within 5 hours of sunset and course 2 within 4 hours of sunset.
Earlier this morning, Dennis Conner summed up a number of competitors feelings this morning saying, ‘I am not happy.’
Competitors had until 09.37 this morning to appeal the decision. Prior to that time, Adelaide skipper, Chris Pratt, Queensland’s Jason Muir and Tasmanian, Andrew Hunn, had filled in the form and are asking for redress, whilst Victorian skipper Grant Wharington is asking for the hearing to be re-opened.
There are mixed emotions at this morning’s decision, those happiest are obviously those who have benefited from the decision.
Race 8 is due to be sailed today to finish the series, but competitors are currently ashore and there is little wind on the course off Mooloolaba Yacht Club.
Top ten results up to and including Race 7 with one drop:
1. P. McNeill, NSW 47
2. C. Miles, NSW 49
3. D. Conner, USA 67
4. J. Plante, NSW 72
5. G. Collings, VIC 72
6. R. Bird, WA 89
7. C. Pratt, SA 94
8. L. Down, QLD 97
9. M. Bradford, QLD 97
10. G. Wharington, VIC 102