Please select your home edition
Edition
upffront 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.

Zhik Dinghy 660x82Ancasta Ker 40+ 660x82Wildwind 2016 660x82

Related Articles

Rio 2016 - America's Cup champ says Paralympic racing is closest ever
Twice America’s Cup champion, Rick Dodson is extremely impressed with the standard of racing in the three man Sonar Twice America’s Cup champion, Rick Dodson is extremely impressed with the standard of racing in the three man Sonar keelboat class at the 2016 Paralympics in Rio de Janeiro. The regatta is being held in Guanabara Bay on three of the courses used for the Olympic Sailing Regatta in August.
Posted on 13 Sep
Debriefing the Rio 2016 Olympics with Team USA’s Helena Scutt
I talked with Team USA’s Helena Scutt to hear about her Olympic experience, and to learn more about her post-Rio plans. The 49erFX was introduced to Olympic circles when it replaced the Women’s Match Racing event following the 2012 Games. Not surprisingly, it drew high-performance sailors for the Rio 2016 Olympics, including Team USA’s Paris Henken and Helena Scutt. While Henken and Scutt were Olympic first-timers, they put on a strong show. I caught up with Scutt to hear more about her Olympic experience.
Posted on 8 Sep
A Q&A with Peter Bresnan ONE Palma’s founder and director
Sail-World interviewed ONE Palma’s founder Peter Bresnan to learn about the company’s partnership with McConaghy Boats For the past eight years, ONE Palma (formerly OneSails Spain) has been building a strong name, first as a sailmaker and later with refit work. Recently, ONE Palma and McConaghy Boats-legendary boatbuilders who have crafted some of the planet’s fastest sailboats-entered a business partnership. I caught up with Peter Bresnan, ONE Palma’s founder and director, to learn more about this new direction.
Posted on 2 Sep
America's Cup - Emirates Team NZ train late on the Waitemata Harbour
Emirates Team NZ were out for a training session that ran into the early Thursday evening. Emirates Team NZ were out for a training session that ran into the early Thursday evening. The team were sailing their recently launched AC45 Surrogate test boat which features an articulated rudder gantry - taking the AC45 close to the geometry of the AC50 to be used in the 2017 America's Cup.
Posted on 1 Sep
Dateline Rio - Sailing Olympics review - as good as it gets?
The Rio Sailing Olympics was widely judged to have been the best of recent times. The Rio Sailing Olympics was widely judged to have been the best of recent times. The weather was better than Weymouth and Qingdao, the courses more varied, but from a working media perspective, it was the people running the Rio regatta who really made the difference.
Posted on 26 Aug
Rio 2016 - Plain speaking by triple-medalist on Olympic sailing moves
Triple Olympic medalist, Santiago Lange has been on the sharp end of changes made to Olympic classes and formats Santiago Lange, a six-time Olympian and Bronze medallist in the 2004 and 2008 Olympics, won his third medal – Gold sailing in the Nacra 17 class. With that length of experience at an Olympic level, having sailed the Laser, Tornado and now Nacra 17 classes his comments on the future shape of the Olympic regatta was one of the highlights of the Medallists Media Conferences.
Posted on 25 Aug
An Q&A with Steve and Heidi Benjamin about the NYYC’s 2016 Queen’s Cup
Sail-World caught up with Steve and Heidi Benjamin to learn more about Heidi’s historic win in the NYYC’s Queen’s Cup. When it comes to U.S. Grand Prix sailing, it’s hard not to encounter the names of Steve and Heidi Benjamin. The two highly polished sailors have been successfully campaigning their series of yachts, named SPOOKIE, for years, starting first with a Carkeek 40 and progressing to their TP52. I caught up with Steve and Heidi to learn more about Heidi’s historic win in the NYYC’s Queen’s Cup
Posted on 19 Aug
Rio 2016 - Images of the penultimate race in the Finns - Scott wins
Sail-World's Richard Gladwell was on the water for the final race of the Qualifying Series of the Mens Finn Sail-World's Richard Gladwell was on the water for the final race of the Qualifying Series of the Mens Finn, in what potentially could have been Giles Scott's (GBR) Gold medal winning race. In the end, the current world champion won in style.
Posted on 15 Aug
Rio 2016 - Images from the Mens RS:X Medal Race
Sail-World's NZ Editor, Richard Gladwell, was on the water at the Medal Race for the RS:X class Sail-World's NZ Editor, Richard Gladwell, was on the water at the Medal Race for the RS:X class won before the race by Dorian van Rijsselberghe (NED) without needing points from the Medal Race. Nick Dempsey (GBR) was second on a similar basis.
Posted on 15 Aug
Rio 2016 - Sailors talk of Life at the Extreme on the Atlantic Ocean
Certainly the Volvo Ocean Race catchcry of Life at the Extreme is not a phrase associated with the Sailing Olympics. The 470 crews were suffering the mixed emotions of survival of an extreme test by nature, the cold, and for some elation at their placings, after Thursday's battle for survival. In conditions that looked more out of the Volvo Ocean Race, than an Olympic sailing regatta, crews battled 20kt plus winds and Atlantic Ocean rollers that towered up to four metres.
Posted on 13 Aug