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

Volvo Ocean Race - Team Alvimedica heads south by Amory Ross, Team Alvimedica
OBR Amory Ross reports on Team Alvimedica’s progress in the Volvo Ocean Race. It’s wild that after six days of sailing down the coast of South America we finally found ourselves pointed directly at Cape Town (going 16 knots) but all the routing indicates we’re not far enough to the south so down we go! ... [more]  

Little Traverse Yacht Club (Harbor Springs, Michigan) won the Yacht Club Challenge in the 106th Running of the Chicago Yacht Club Race to Mackinac. ... [more]  

Bidding is now open in the auction to join the Volvo Ocean Race as a part of Team Alvimedica and support heart charities around the world! Team Alvimedica supporters have the unique chance to bid on two experiences that will take place at each stopover throughout the race. ... [more]  

AWT Severne Starboard Aloha Classic 2014 - The day started early with a traditional Hawaiian blessing, welcoming everyone to the beach and setting the wheels in motion for a fantastic contest. As the ceremony continued the wind started to blow and straight after the skipper's meeting it was straight on with the pro men competition. ... [more]  

Volvo Ocean Race 2014-15. Team SCA coach Brad Jackson gives his thoughts on Leg 1. 'We very much understand what the girls are trying to do and who they are competing against and if they do things well they are right up there in the mix. ... [more]  

Want to see 40 great sailing champions in action in stunning Nassau in the Bahamas? The Star Sailors League, an emerging international circuit, is offering the chance to win a four-day holiday for two people with accommodation at the luxury Atlantis resort and water park. ... [more]  

The seventh edition of the St Barth Cata Cup is set to be thrilling. Sixty teams will go head to head aboard the last generation of F18 boats: Hobbie Wild Cat, Nacra Infusion MKII, Cirrus R, Phantom and C2. It is a high-speed, tactical, technical and spectacular discipline! ... [more]  

Volvo Ocean Race - After 19 days of Leg one, the leaders are still within sight of each other, something we don’t think we’ve ever seen at such a stage between Alicante and Cape Town. It’s the ultimate inshore race, staged hundreds of miles offshore. Abu Dhabi, Team Brunel and Team Vestas Wind are locked against each other with Dongfeng Race Team just 17NM further adrift. ... [more]  

The Taiwan 2014 Kitesurfing Open & Green Tourism Miaoli proved to be an interesting event for the Kiteboard Tour Asia (KTA) to get involved with at the Longfong Fish Harbour beach front in Jhunan. As the KTA had been wanting for some time to bring an event to the renowned high wind shores of Taiwan, which is famous for its windy conditions 300 days a year. ... [more]  

Best possible conditions are expected when 2014 World Championships in ISAF-class Kona One is about to start in Islamorada, Florida on Saturday, November 1. A total of 115 sailors from five continents will line up making it the largest Kona event ever. The outcome is very open with a number of high-profiled sailors with multiple international championship wins in different windsurfing classes. ... [more]  

2015 U.S. Youth Sailing Championships - The dates for the 2015 U.S. Youth Championships, hosted by Eastern Yacht Club in Marblehead, Mass., have been changed to July 6-10 from the traditional second week in August ... [more]  

'It is no less important to the Commodore as air or water,' said Staff Commodore of the San Diego Yacht Club Chuck Nichols. The Lipton Cup is arguably one of the most iconic regattas in the sailing community. This three-day regatta is an invitation-only event where the best sailors from around the country compete to represent their yacht clubs. ... [more]  

Year in and year out, the U.S. Disabled Championships is one of the most fascinating sailing events in the world. A strong collection of the top sailors in the country are in Galveston, Texas preparing for this week’s three-day championship, which begins Thursday, October 30 and concludes Saturday, November 1. ... [more]  

Volvo Ocean Race: Team Vestas back-slams both race leaders *Feature by Richard Gladwell/Sail-World.com/nz
The Chris Nicholson skippered Team Vestas Wind, has made a big gain in the last 12 hours in the Volvo Ocean Race, and is now positioned between the two lead boats. The Danish flagged entry had been positioned to the west of the leaders, who were in the fringe of the St Helena High. ... [more]  

Last night all the American Windsurfing Tour riders, and some of the top PWA sailors, enjoyed a fantastic opening party and registration for the Aloha Classic at Adventure Sports Maui. Food, drinks, photos and lots of chat was the order of the evening, and this morning all with gather again at 9am for the official opening blessing. ... [more]  

Many know Bill Erkelens as a former rigger, team manager for the Maxi Sayonara and subsequently Campaign manager for Oracle Racing during the IACC efforts and a really good sailor with a solid Rolodex of connections in the yacht racing world. When the opportunity to manage a Volvo team arose, Bill did not hesitate, and in late 2013, the Bay Area Native accepted the roles as COO for Team Alvimedica ... [more]  

Team Alvimedica OBR Amory Ross reports on the crew’s progress in the Volvo Ocean Race. Even in the 'straight-line' sailing that has dominated the last portion of the race, the dynamic of our fleet position has been in a state of constant change. ... [more]  

Team SCA OBR Corinna Halloran reports on day 18 for the crew in the Volvo Ocean Race. We are fighting. We are determined. We are focused. Yes, today was not easy, but we did not allow ourselves to slow down-- we sailed with the conditions given and sailed at 100% performance. ... [more]  

The International Paralympic Committee (IPC) published its 2015 Anti-Doping Code on Wednesday (29 October), which will apply to all Member organisations, Paralympic Games and IPC recognised International Federations, from 1 January 2015. ... [more]  

Sailing legend Sir Robin Knox-Johnston hopes to inspire greater French participation in ocean racing through his entry in the Route du Rhum – Destination Guadeloupe. 'France is a nation of sailors with excellent role models; legends in their own right,' said Sir Robin. ... [more]  

Volvo Ocean Race 2014-15 - The big news of yesterday was the introduction of an ice gate by Race Director Jack Lloyd. Designed to take away the temptation for the teams to dive deep south in the search for better pressure and a better angle to Cape Town. The Ice Gate is placed at 42 deg South between 20W and 10W, seen on the screenshot below. ... [more]  

Volvo Ocean Race - Up until now the comment from the boats to the east has been that Team Vestas Wind had made a bad move by digging west. But now, with the high pressure to the east expanding, perhaps Wouter on the Danish boat has read the future a little better and has set his team up for a comeback. ... [more]  

Optimist World Championship 2014 - Six races were made last week and the fleet was divided into Gold, Silver and Bronze. Each fleet has 70 sailors. This first part of this championship had light winds, lot of current and little waves but today it changed completely: The wind gauge marked 23 Knots on the race area, the waves were high and short. ... [more]  

2014 - 15 Volvo Ocean Race - Abu Dhabi Ocean Racing have finally given ground to Team Brunel after almost exactly a week at the head of the fleet but the new leaders’ thin advantage may well be very short-lived as the Volvo Ocean Race Leg 1 turned into a game of hunt-the-breeze. ... [more]  

Volvo Ocean Race: Ice Gate laid in Southern Ocean on Leg 1 *Feature by Richard Gladwell/Sail-World.com/nz
Volvo Ocean Race have specified an Ice Gate in the Southern Ocean of which all competitors must stay to the North, or pass on their starboard side. The gate has been set along the line of 42degrees South and runs for 10 degrees of longitude. ... [more]  

Volvo Ocean Race - Reality for Team Vestas Wind by Brian Carlin, Team Vestas Wind
The Volvo Ocean Race is an event that you get to watch unfold as something real. What happens on these boats day-to-day, what’s sent, what’s written about, what’s photographed, what’s on video is REAL. When you wake at 3am, it’s dark, really dark. ... [more]  

Volvo Ocean Race 2014-15. Team Alvimedica OBR Amory Ross reports on the crew’s progress. It’s beginning to feel a bit like Groundhog Day onboard! Our straight-line progress south continues without significant change and after 48 hours of port tack bliss we’re still free running in the South Equatorial Current at steady speeds in excess of 20 knots. ... [more]  

Volvo Ocean Race 2014-15. Team SCA OBR Corinna Halloran reports on day 17 for the team as they enter the Southern Ocean. Entering the Southern Ocean and racing to Cape Town is not as easy as sailing a straight line South. Currently, we are heading west in order to catch a Low pressure that spins out of the South. ... [more]  

Jim and Kristy Clark’s newly launched Comanche, a 100-foot supermaxi is aim for the Rolex Sydney to Hobart as her first major outing. The first video is of a training run from Newport, RI to Charleston, SC on Oct 24-26, 2014.The second video is of earlier trials off Newport. ... [more]  

La Torche only produced one day of wind over the nine days for the PWA Grand Slam, but the one day of competition was one to remember as La Torche produced some of the best conditions of the year, for the wave sailors, with 20-30 knot winds and powerful, peeling, clean waves, providing the perfect platform for the world’s most radical sailors to throw themselves skywards. ... [more]  

The 2014 ISAF Rolex World Sailors of the Year Awards will be held in one week’s time at a glittering awards ceremony in Palma de Mallorca, Spain. After an exciting year of sailing across multiple disciplines of the sport, five male and three female nominees make up the 2014 ISAF Rolex World Sailor of the Year shortlist based on their achievements from 1 September 2013 to 21 September 2014. ... [more]  

Clipper Race - Is this the toughest job on the ocean? by Clipper Round The World Yacht Race
Recruitment is well underway for what could be the toughest job on the ocean: A Clipper Race skipper. We are currently searching for twelve highly skilled sailors for this challenging role and recently took the press out on the water for an insight into the tough three-day trial that all prospective skippers must undertake. ... [more]  

This year’s PIC Insurance Brokers Coastal Classic proved beyond doubt that New Zealand weather can be a fickle beast. After the long-range forecast was read at last Monday’s race clinic, there was an audible groan from competitors at the prospect of a long, slow slog of a race in a light and ever-lightening breeze. ... [more]  

America's Cup: Artemis Racing signs seventh Olympic Gold medalist
Pieces in place for the 2015 GC32 Racing Tour
Volvo Ocean Race 2014-15 - Behind the numbers
Volvo Ocean Race: Front runners open gap for Cape Town *Feature
AWT - PWA Finale 2014: Severne Starboard Aloha Classic - One day to go
2014 International Masters Regatta - Augie Diaz takes the trophy
Volvo Ocean Race - Supreme sailing for Team Alvimedica
Volvo Ocean Race - Team SCA, united by one
A big shift for Pumpkin Pursuit in Richmond
ISAF Annual Conference to take place in Palma de Mallorca, Spain
Volvo Ocean Race 2014-15: Latest position report: October 27, 1700 UTC
Oakcliff Ocean Racing Team to race RORC Transatlantic Race
Clipper Round the World Yacht Race - The search for skippers is on
China Cup Int'l Regatta - Windier weather brings victory for Vanke
Argo Group Gold Cup - Stena Sailing Team wins in Bermuda
GC 32 Foiling Cat Argo sets Mount Gay Rum Around Jamestown Record
Volvo Ocean Race 2014-15: Latest position report, October 27, 0630 UTC
2014 RS:X Youth Worlds - Going out with a bang! + Video
2015 Flying Dutchman World Championships - Winners will be Grinners!
RenaissanceRe Junior Gold Cup - Denmark’s Christian Spodsberg wins
Argo Group Gold Cup 2014 - Berntsson joins sailing’s elite   
Sand Flies versus Foiling Moths - Moth World Championship 2015 *Feature   
2015 International 14 World Championship - Frasch leads German team   
Ian Williams and GAC Pindar set up an exciting AWMRT finale   
Volvo Ocean Race 2014-15 Leg one – South Atlantic tactics   
Volvo Ocean Race: Steady run to the finish at Cape Town   
18ft Skiffs: Club Championship - Race one   
2014 Optimist World Championship - Race started with a clear day   
2014 - 15 Volvo Ocean Race - Fernando de Noronha   
2014 - 15 Volvo Ocean Race - The longest route   
Argo Group Gold Cup - Semi Final matches set for Sunday   
Argo Group Gold Cup - Light air drama in Bermuda   
Renaissance Re Jr Gold Cup - Searching for breeze on the race course   
La Torche PWA Grand Slam - Radical wave tow-in on day 8   
Rolex Middle Sea Race - 35th edition one to remember + Video   
Volvo Ocean Race - How eight on Team SCA became Shellbacks   
Volvo Ocean Race - Team Alvimedica rounds Fernando de Neronha   
RS:X Youth World Windsurfing Championship - All to play for on day 4   
Rolex Middle Sea Race - Prize giving ceremony in Valetta   
China Cup International Regatta - Dominant start for Dongfeng   


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