sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery
Sail-World.com : America's Cup: Expected de Ridder penalty should be reduced
America's Cup: Expected de Ridder penalty should be reduced

'Dirk de Ridder wingsail trimmer for Oracle Racing - San Diego - Match Racing finals 2011 ACWS'    Guilain Grenier Oracle Team USA ©    Click Here to view large photo

The predicted penalty of a five year suspension from the sport, for Oracle Team USA wingsail trimmer, Dirk de Ridder, would appear to be extreme by international standards.

The case is due to go before the International Sailing Federation's Review Board in late April. They will consider the report from the Disciplinary Commission, which is the body believed to have recommended a five year penalty on the Dutch America's Cup and Round the World sailor.

The ban would apply to participation in yacht races, but would not exclude de Ridder from private coaching or consulting to a yachting team.

Even so five years, is quite an extreme penalty by international standards for drug and doping offences in sport, where the penalties have only in 2014 been increased from two to four years for a first offence. Against that backdrop five years for a first offence on a measurement issue seems to be extreme.

de Ridder has also lost an America's Cup win as part of his penalty imposed by the Int. Jury, as matter stand he also looks set to lose the upcoming Volvo Ocean Race, which starts in five months. If the rumoured five year suspension were to stand he would also lose the opportunity to compete in the 35th America's Cup.

Most ISAF suspensions are for 12-24 months, with one five year penalty being currently listed.

An additional factor is that not only does the penalty on de Ridder mean an exclusion from yacht racing, but as a professional sailor it represents a very substantial financial penalty - running into hundreds of thousands of dollars of lost income - which is clearly excessive for the measurement infringement.

Had de Ridder been an amateur sailor any ban would have involved just an exclusion from the sport, and his professional livelihood would have been unaffected. The suspension of eligibility only covers competing in yacht races.

The inequity of de Ridder's situation was typified by the two New Zealanders caught up in the affair. Andrew Walker, a shore crew member and boat builder, who if subjected to a suspension penalty, would only be barred from competing in yacht racing, but he would still able to retain his income earning ability within the sport. On the other hand his compatriot Mattie Mitchell, if further penalized, would not only have lost his ability to compete in yacht racing, but as a professional sailor would have lost his professional income as well.

Oracle Team USA suffered a two point penalty and $250,000 fine as a result of the ACWS measurement infringements -  Guilain Grenier Oracle Team USA ©   Click Here to view large photo

Court option
Should the ISAF Review Board uphold the Disciplinary Commission penalty, then it would also seem that under the ISAF’s own Constitution, de Ridder has the ability to take his case to the Court for Arbitration in Sport

Article 82 of the ISAF Constitution says '...there shall be a right of appeal by any of the parties from any decision of the Review Board ....in any other case in which a competitor consents to the jurisdiction of the Court of Arbitration for Sport (CAS) in respect of the appeal. '

In other words it would seem that de Ridder could request ISAF that his case be heard by CAS, and obviously he would consent to that course of action being taken.

At that point, the options for CAS would be to decide whether it would rehear the case in its entirety, or if it would accept the evidence and findings, and merely adjudicate on the question of a penalty - which based would be leveled on the basis of previous decisions in other sports.

The situation places the event organizers, Golden Gate Yacht Club, in an interesting position. Under the 18th century Deed of Gift for the America's Cup, which governs its conduct, GGYC as Defender of the America’s Cup, is responsible for the organization of the Match.

Given that GGYC was one of the parties to the negotiation and establishment of the Protocol, it essentially now faces a claim against the processes set out in that Protocol by one member of its own team - Oracle Team USA. The International Jury, while appointed by the ISAF, has process prescribed by the Protocol.

It is expected that the Jury will be claimed to have not followed those processes, and in effect have been a rogue Jury. That view was given voice by Oracle Team USA CEO, Russell Coutts who late last week claimed on his Facebook page that: 'The ISAF Jury appeared to be on a crusade to 'save the America’s Cup' and I believe they may have allowed that belief to cloud their judgment.'

But this was a vastly experienced five person Jury, counting participation at a Jury level in 21 America’s Cups and 17 Olympic Games. Coutts later jibes at senior members of the ISAF were not helpful to his valued wingsail trimmer’s cause. Ironically it was members of the same Jury which made of the Expert Panel to advise the New York Supreme Court, who found for GGYC (Oracle Racing), in their two year battle with Society Nautique de Genève (Alinghi).

A normal part of any Hearing is that at the outset the process to be followed, is outlined to the parties and their representatives, and the opportunity is provided at that point for objection to be made. No objection was apparently made at that juncture, when there was an opportunity for an alteration in the Hearing procedure.

Jury Chairman, David Tillett second from right, with the other members of the 34th America’s Cup Jury (from left John Doerr, Graham McKenzie, Josje Hofland, and Bryan Willis) -  © ACEA /Gilles Martin-Raget   Click Here to view large photo

While the ISAF action is taking place under the Racing Rules which govern all sailors, on and off the water while a regatta is taking place. The Hearings also embraced Article 60 of the America's Cup Protocol, shepherded into the Protocol by the Defender and Challenger of Record, against the wishes of the other two Challengers. That Article covered bringing the America's Cup event into disrepute, which it was alleged that the boat tampering had done.

At least six implicated
The boat tampering incident blew up several weeks before the start of the 34th America's Cup where several members of America's Cup Defender Oracle Team USA were questioned by the International Jury after measurement irregularities were found. Several members of the team were accused of cheating and adverse findings were made against five of those. Six team members were found by the International Jury to be actually implicated in the issue, but one had no further action taken against him.


Dirk de Ridder and Justin Ferris repairing the spinnaker in the heat below deck onboard Pirates of the Caribbean. Volvo Ocean Race Leg 5 from Rio to Baltimore. -  http://www.volvooceanrace.com!©_Volvo_Ocean_Race  
A total of five instances of boat tampering were identified by the International Jury, in three boats of the AC45 class which was supposed to be one design. Before the America's Cup Jury Hearings started, Oracle Team USA withdrew both its boats from the four regattas in question, and handed back the trophies. The third boat, Ben Ainslie Racing did the same.

Dirk de Ridder had no further action taken against him after a hearing, by his national authority Koninklijk Nederlands Watersport Verbond (the Netherlands national sailing authority or KNWV). Last week Yachting New Zealand released a report of an investigation by two Commissioners which also recommended no further action against two OTUSA team members who were New Zealanders. The ISAF has not announced whether it intends to proceed further against the Kiwis.

It was the Yachting New Zealand commissioned Report which raised questions as to the process adopted by the International Jury in conducting the Hearings, running over a six week period. The Int Jury’s decision was announced just four days before the start of the 34th America's Cup, which Oracle Team USA won by a 9-8 pts margin after being penalised two points by the Int Jury. The team was also fined USD250,000 - donated to two charities.

The YNZ Commissioners also raised the issue of why at least others named in the Jury Decision did not have action against them, even when they had admitted participation. It is believed that their involvement only became apparent well into the Hearings, and it was not practical to restart the Hearings and reach a conclusion before the start of the 34th America's Cup.

A Decision from the ISAF Review Board, on de Ridder's penalty, is not expected until late May.


by Richard Gladwell/Sail-World.com/nz


  

Click on the FB Like link to post this story to your FB wall

http://www.sail-world.com/index.cfm?nid=121166

9:28 AM Wed 16 Apr 2014GMT


Click here for printer friendly version
Click here to send us feedback or comments about this story.

Click for further information on
2013 America's Cup

Related News Stories:

14 Apr 2014  America's Cup: Dean Barker's Blog - A sail with the Duke and Duchess
12 Apr 2014  America's Cup: Coutts claims ISAF Jury on a crusade, backs Kiwi report
10 Apr 2014  America's Cup: Two Kiwis escape hometown action in AC45 rules ruckus
03 Apr 2014  34th America's Cup: A Match of three weeks - Part 3 - Under the Pump
01 Apr 2014  34th America's Cup: A Match of three weeks - Part 1 - Regaining time
08 Mar 2014  Fast foils-a conversation with Paul Bieker, part two
03 Mar 2014  America's Cup- Fast foils-a conversation with Paul Bieker, part I
19 Jan 2014  America's Cup: CNN Mainsail Down Under on the state of the Cup
16 Jan 2014  America's Cup: Jobson goes one on one with Jimmy Spithill (Part 5)
15 Jan 2014  America's Cup: Jobson goes one on one with Jimmy Spithill (Part 4)
MORE STORIES ...






News - USA and the World

EFG's Star Winter Series rules in Biscayne Bay by Connie Bischoff, Miami, FL
The third Star Winter Series presented by EFG (SWS) and hosted by Miami’s Biscayne Bay was a shining success. Not only have all five regattas had stronger participation than last year but the final one, the Mid Winters, grew 35% with 45% of the sailors international (CAN, SWE, BRA, UKR, ARG, ITA and GER). ... [more]  

2015 ISAF Sailing World Cup Miami - Day 3 photos provided by Ocean Images. ... [more]  

Day 3 of ISAF Sailing World Cup Miami, Presented by Sunbrella marked the midpoint of North America’s biggest Olympic and Paralympic classes regatta. With bright sunshine and fresh breeze in abundance, the world’s top athletes in 13 classes were treated to the conditions that exemplify why Miami is a preferred international sailing destination. ... [more]  

It was windshift upon windshift upon shift upon windshift on Day 3 of the ISAF World Sailing Cup Miami sailed on Biscayne Bay Presented by Sunbrella, the premier regatta has attracted 599 boats and 768 sailors who were adjusting all day to one thing or another. If it wasn't the wind direction that was changing, it was the wind speed. ... [more]  

Ben Ainslie Racing, the British Challenger for the 35th America's Cup, have shipped two foiling Nacra 20 catamarans to Bermuda and have become the first team to commence sailing operations at the Venue for the next Cup. The team conducted an initial training camp in Bermuda, last week. ... [more]  

North U kicked off its 2015 season of youth match racing clinics around the U.S. with a successful clinic hosted by the Texas Corinthian Yacht Club in Kemah, Texas on Galveston Bay near Houston. Forty high school and college sailors spent two-and-a-half days learning about match racing and training in Sonars on flat water and 6-12 knots of breeze. ... [more]  

A fantastic week of sunshine, warm weather, big breeze and competitive sailing is what sailors were treated to last week in Key West. Several Canadians left the bitter cold of the north to partake in the fun filled week and a few even brought home trophies. Here's a peek at the fun in the sun! ... [more]  

At ISAF Sailing World Cup Miami, presented by Sunbrella, if the Chamber of Commerce had stayed up all night working at it, they could not have served up a better day for racing. ... [more]  

On day 2 of ISAF Sailing World Cup Miami, Presented by Sunbrella, the rainstorms of yesterday vanished but the excellent wind conditions remained in place on Biscayne Bay. A more conventional day of racing saw US Sailing Team Sperry athletes finish the day in the top 10 in 5 Olympic classes and 2 Paralympic classes. ... [more]  

Bringing Dragon Sailors from around the world to Antigua. Harmony Hall Yacht Club, with the support of the Antigua Yacht Club Marina and the Inn at English Harbour, will host the second Annual Antigua Dragon Yacht Club Challenge with nine races scheduled to take place over five days in fantastic Caribbean conditions on identical Petticrow Dragons. ... [more]  

There are so many ways that the Dongfeng Race Team could have lost the chance to win the light-air marathon from Abu Dhabi to Sanya in China. Leading from the first 24 hours to the finish, 23 and a half days later, 5,403 nautical miles sailed and eight different gulfs, oceans and seas, is not necessarily the most advisable way to try and take the spoils. ... [more]  

Sydney photographer, Michael Chittenden was on Sydney harbour last Sunday and captured these images from Race 4 of the NSW 18ft Skiff Championships ... [more]  

New Zealand short-handed sailor, Conrad Colman is on his second two handed round the world race, this time aboard the Spirit of Hungary with Nandor Fa sailing in the Barcelona Round the World Race: I had noticed a couple of chafing zones on the mainsail so I prepared some patches and the Dr. Sails flexible epoxy glue so we could drop the main quickly ... [more]  

2015 ISAF Sailing World Cup Miami- Photos provided by Ocean Images. ... [more]  

Photographer Ingrid Abery was on the water at 2015 ISAF Sailing World Cup Miami and provided this gallery of images. ... [more]  

2015 ISAF Sailing World Cup Miami - It may have been a day late for Australia Day, but on the second day at the Sailing World Cup Miami, the Australian Finn sailors were on a charge with some sparkling performances. Giles Scott (GBR) still leads after winning the opening race of the day, while Jake Lilley (AUS) won the second and moved up to second overall. Ed Wright (GBR) is in third. ... [more]  

2015 Pineapple Cup – Montego Bay Race is set to begin Friday, February 6. The 32nd edition of the venerable Pineapple Cup – Montego Bay Race will start in Port Everglades, Florida, and send its 12-boat fleet on a challenging 811 nautical mile course to Montego Bay, Jamaica. George Sakellaris’s (Framingham, Mass.) 72-foot Shockwave will be the largest boat competing, so it should be interesting to ... [more]  

VX One momentum is growing with ever larger fleets showing the pure fun and easy performance of this true thoroughbred one design. ... [more]  

Last Friday, former Oracle Team USA team member, Matthew Mitchell issued a media release stating that he has lodged a complaint with the International Sailing Federation over the actions of a fellow crew member, Simeon Tienpont, and inaction by the International Jury for the 34th America's Cup, in San Francisco. ... [more]  

Volvo Ocean Race: A warm and colorful welcome for Team SCA into Sanya by Richard Gladwell/Sail-World.com NZL, Auckland, NZ
The all-female crew, Team SCA, arrived to a warm and colorful welcome including fireworks, Chinese dragons, orchid garlands and traditional costumes into the city of Sanya on Hainan Island in southern China early Tuesday evening (local time). 'It was a really different leg. I wouldn’t say it was hard in terms of the physical side but it just had lots of things coming at all angles ... [more]  

Touch2Play had the great fortune of participating in what would be the largest yet gathering of J88’s to date. Quantum Key West Race Week would serve as a chance to see how boats lined up against one another in conditions that covered the full range. For this event we had Rob and Sandy Butler, Steve Leibel, Keven Piper, Coleen Walsh and myself, Larry Huibers. ... [more]  

As the Barcelona World Race leaders race to the Crozet Islands, once again their paths have diverged – Neutrogena around 200 miles to the south-west of first-placed Cheminées Poujoulat on the water, and gaining around 40 miles in the past 24 hours. ... [more]  

For the Tokyo 2020 Paralympic Games the International Paralympic Committee (IPC) will announce on Saturday (31 January) at 10:00 CET the final line-up of sports. ... [more]  

On a high octane first day of the ISAF Sailing World Cup Miami on Monday (26 January) Giles Scott, Alison Young and the Paralympian Sonar trio of John Robertson, Hannah Stodel and Steve Thomas saw the best possible start to their 2015 sailing seasons with double race victories. ... [more]  

On the opening day of racing at ISAF Sailing World Cup Miami, presented by Sunbrella, it was sunny and bright. It was storming and raining sideways. It was sunny and bright. ... [more]  

On the opening day of racing at ISAF Sailing World Cup Miami, presented by Sunbrella, it was sunny and bright. It was storming and raining sideways. It was sunny and bright. ... [more]  

RC44 World Championship Leg 1 gets underway on 24th March until 29th March 2015. The RC 44 Class is unlike any 40 foot sailing yacht ever designed, and the reason for that is simple. She is a high performance one design yacht created for top level racing in international regattas. If one was to compare this concept to racing cars, then we would be talking about the F1, NASCAR or similar. ... [more]  

On Day 1 of the ISAF Sailing World Cup Miami, Presented by Sunbrella, America's premier Olympic and Paralympic classes regatta, featured the full range of what sailing in Miami has to offer. Over 850 sailors enjoyed strong breeze for the duration of the day, in addition to a brief but powerful rainstorm. ... [more]  

ISAF Sailing World Cup Miami - Giles Scott (GBR) said last week that he hoped his unbeaten run would continue, and based on Monday’s form at the Sailing World Cup Miami, the 2014 World and European Finn Champion is giving it a pretty good shot ... [more]  

ISAF Olympic classes regatta Miami 2015 images provided by photographer Ingrid Abery. ... [more]  

Team Alvimedica won a Leg 3 podium place in China after some of the closest racing ever seen in the history of the Volvo Ocean Race. The Turkish-American team protected their position in the final stretch to Sanya, carefully navigating a course peppered with fishing boats along the Vietnamese coast and across the South China Sea to cap off a well-sailed leg to clinch third. ... [more]  

The finish of Leg 3 of the Volvo Ocean Race in Sanya, China just before noon on January 27, 2015 marked an unbelievable end to a magnificent leg for Dongfeng Race Team. After leading the fleet virtually all the way from Abu Dhabi to Sanya in China, over more than 5,000 miles of intense ocean racing, Dongfeng finally crossed the finish line in first place ... [more]  

Winner of Leg 3 of the Volvo Ocean Race, Dongfeng, have released footage taken from a drone launched from the Volvo Ocean Race yacht, as she sails in light airs on the last days of Leg 3 of the race. It is believed to be the first time a drone, launched from a competitor, has been used in a major ocean race. ... [more]  

Volvo Ocean Race: Chinese team set historic first with home port win
Volvo Ocean Race: Team Vestas Wind arrives on time in Genoa + Video
America's Cup - Virgin considers backing Ben Ainslie, BAR
Bell's Beer Bayview Mackinac Race - Changes
Alpari World Match Racing Tour - Monsoon Cup preview
Barcelona World Race - A game of chase
Quantum Key West Race Week: Four GC32's make spectacular USA debut
Volvo Ocean Race – Frostad says Caudrelier proving them wrong *Feature
Volvo Ocean Race - Last day drag race to Sanya
Volvo Ocean Race Leg 3 - Tense onboard Abu Dhabi Ocean Racing
Volvo Ocean Race Leg 3 - Dongfeng Race Team pushing hard!
Volvo Ocean Race: Leg 3 Finish - Video - Delayed feed
2015 ISAF Sailing World Cup Miami - Countdown begins
Volvo Ocean Race: Donfeng set to create a piece of sailing history
Barcelona World Race - First of the iconic Great Capes has been passed
Classic 18fters racing on Sydney Harbour
Volvo Ocean Race - Can Dongfeng still hang on for a Sanya win??
Stephanie Roble, 2014 Rolex Yachtswoman of the Year
Barcelona World Race - Taking advantage
Oakcliff Awarded Joe Prosser Award at US Sailing NSPS 2015
20 Nations head for 2015 St.Maarten Heineken Regatta   
Volvo Ocean Race - Less than 500 miles to go   
2015 Quantum Key West Race Week - Fantastic finish   
Barcelona World Race: Weather beacons launched midrace   
2015 Quantum Key West Race Week - Day 5   
Mount Gay Round Barbados Race – Gala prizegiving marks end of event   
2015 Quantum Key West Race Week - Day 5 images by Ingrid Abery   
Volvo Ocean Race Leader - Dongfeng - the right place at the right time   
ISAF Youth Match Racing World Championship - Notice Of Race online   
Currently doing scheduled maintenance.   
Volvo Ocean Race: Changes to Team Vestas Wind crew   
McDougall+McConaghy Moth Worlds: Highlight video released   
America's Cup: Oracle crew mate lodges complaint against Tienpont   
2015 Quantum Key West Race Week - Day 4 images by Ingrid Abery   
2015 ISAF Sailing World Cup Miami - US Sailing Team preview   
Quantum Key West Race Week 2015 - A great day   
Volvo Ocean Race: Jump seat and Pro-Am race spots up for auction   
Lauderdale Olympic Classes Regatta overall   
Volvo Ocean Race - Dongfeng? Race Team suffer? damage   
America's Cup: Italy to host first America's Cup World Series regatta   


For this week's complete news stories select    Last 7 Days
   Search All News
For last month's complete news stories select    Last 30 Days
   Archive News







Sail-World.com  


















Switch Default Region to:

Social Media

Asia

Australia

Canada

Europe

New Zealand

United Kingdom


http://www.sail-world.com/event_images/image/Twitter_logo_small.png http://www.sail-world.com/event_images/image/FaceBook-icon.png  http://www.sail-world.com/event_images/image/RSS-Icon.png

United States

Cruising Northern

Cruising Southern

MarineBusiness World

PowerBoat World

FishingBoating World

 

Contact

Commercial

News

Search

Contact Us

Advertisers Information

Submit news/events

Search Stories/Text

Feedback

Advertisers Directory

Newsletter Archive

Photo Gallery

 

Banner Advertising Details

Newsletter Subscribe

Video Gallery

Policies

 

 

 

Privacy Policy

 

 


Cookie Policy

 

 



This site and its contents are © Copyright TetraMedia and/or the original author, photographer etc. All Rights Reserved.  Photographs are copyright by law.  If you wish to use or buy a photograph contact the photographer directly.
XLXL NEW US
LocalAds   DE  ES  FR  IT