America's Cup- Jury assesses six figure damages in final Plymouth race
by Richard Gladwell on 27 Sep 2011
The International Jury has held a Hearing into a collision between Green Comm Racing and two other competitors before the start of the final race of the America's Cup World Series sailed in Plymouth, England.
Green Comm Racing (left) straddles Artemis Racing before the start of the final race of the America’s Cup World series, Plymouth causing damage to the Swedish entry assessed at E100,000 ACEA - Photo Gilles Martin-Raget http://photo.americascup.com/
Initially the Jury Decision was not posted on the AmericasCup.com website where Decisions are supposed to be posted. It can only be presumed that the Decision, which has appeared on two US sailing websites, had been leaked by one of the teams, who usually receive a preliminary copy. The Decision was subsequently made available on the America's Cup website http://www.americascup.com/Documents/Jury%20Decisions/2011_09_23_Jury%20Case%20AC05.pdf!click_here to view
The four person Jury chaired by Bryan Willis, held the Hearing soon after the race, and issued a decision five days later.
The Jury has assessed damages at a total of E150,000 covering damage to Green Comm Racing, Aleph and Artemis Racing. Artemis suffered the worst damage in the Jury's Decision - their repair costs being assessed at E100,000.
Within one minute of the start of the final race, as the yachts were lining up up on starboard tack, Green Comm racing tried to cross on port and then tacked ahead of the advancing group of starters.
Unfortunately Green Comm Racing fluffed their tack, the wingsail stalled and the boat lost steerage and started sailing backwards.
Aleph and Artemis tried to avoid, but could not. As Green Comm Racing was held to be a tacking boat (and had not made her new closehauled course), she was held to be at fault and therefore liable for the cost of damages.
The other two boats were able to convince the Jury, that despite having an obligation to take all reasonable steps to avoid a collision when it is apparent that the give way yacht is not going to keep clear, that they had acted properly and the collision was unavoidable. their actions reduced the amount of damage.
Both Aleph and Artemis Racing continued with the race, sailed in winds gusting 30kts. Green Comm Racing retired to Plymouth.
There has been no statement issued yet by Green Comm Racing, and it is understood that the damage is covered by insurance.
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