Please select your home edition
Edition
North Sails 3Di 60 - 728x90

America's Cup- ISAF refuses to uphold de Ridder Appeal over exclusion

by Richard Gladwell on 15 Sep 2013
Oracle Team USA after rounding Mark 2 of race 6, Kyle Langford (AUS) had to step into de Ridder’s place after his exclusion from the 34th America’s Cup, just four days before the start of the regatta. Richard Gladwell www.photosport.co.nz

The International Sailing Federation's Review Board, has not upheld an Appeal by Oracle Team USA wing trimmer Dirk de Ridder over his exclusion from the 34th America's Cup.


In an earlier version of this story Sail-World incorrectly identified Matt Mason as being involved, when it should have been Matt Michell. The error has now been corrected. Sail-World wishes to make it absolutely clear that Matt Mason was not involved in this incident, and makes the sincerest apologies for any reference to Matt Mason.

Earlier de Ridder was one of five Oracle Team USA people named in a decision handed down four days before the start of the 34th America's Cup over measurement tampering during the last four events of the America's Cup World Series.

The investigation by the International Jury lasted almost six weeks. Three of the Oracle Team USA crew received suspensions from the event for their part in the affair, including Matt Mitchell (NZL) who was suspended from sailing for four days. A member of the shore crew, Andrew Walker (NZL) was excluded for the remainder of the America's Cup Regatta. Dirk de Ridder (NED) wingsail trimmer was also excluded for the remainder of the America's Cup Regatta.

In its Decision the five person Review Board, who met under urgency stated:

The Review Board does not consider that Mr de Ridder’s Competition Eligibility and/or ISAF Eligibility have been suspended (see definition of 'eligibility' in Article 79.1 of the ISAF Constitution and the definitions of those terms in ISAF Regulation 19). Exclusion from the event under RRSAC 69 is not a suspension of Competition Eligibility or ISAF Eligibility.

Only an ISAF Member National Authority or ISAF itself (acting through the Disciplinary Commission) may suspend eligibility and neither body has done so at this stage.

With respect to the decision of the International Jury under RRSAC 69, the Review Board notes the decision of the International Jury is 'final and binding' as per Article 15.13 of the Protocol governing the 34th America’s Cup.

Consequently the jurisdiction of the Review Board is not engaged at this time and it has no authority to grant the relief Mr de Ridder seeks. If Mr de Ridder’s Competition Eligibility and/or ISAF Eligibility are suspended at a later date by his Member National Authority or the ISAF Disciplinary Commission, then the right of appeal to this Board will arise.


The full Decision can be read by clicking here

In summary, the Review Board upheld the authority of the International Jury to suspend sailors from the America's Cup Regatta. The suspensions do not constitute a suspension from the sport, for which the International Jury does not the authority.

That can only be done by the individual sailor's National Authority in the case of Walker and Mitchell, Yachting New Zealand and in the case of de Ridder, the Dutch National Authority (Koninklijk Nederlands Watersport Verbond). Both national bodies will consider the Report received from the International Jury before making a decision as to whether further action will be taken against the three. If they do decide to recommend to ISAF that they be suspended from the sport for a period, that decision gets passed onto the the International Sailing Federation who can uphold the decision, decline it, or modify. Ultimately it is only the International body that can make a decisions to suspend a sailor from the sport - not a Protest Committee or Jury, or a National Authority.

Four sailors are currently under suspension ranging from a few days to five years.

In addition to the $250,000 penalty levied against Oracle Team USA by the International Jury, the team has been charged $30,000 in Jury costs. Emirates Team NZ has also been charged $5,000 for Jury costs over an unrelated measurement application to the International Jury which was not upheld.

PS: This story earlier
Sail World NZ Lone WolfFever-Tree 660x82Selden 660x82

Related Articles

Volvo Ocean Race - Triple champion says Team AkzoNobel ready to race
Team AkzoNobel skipper Brad Jackson says the team are moving on and looking forward to the start of the opening Leg After a week of turmoil ashore, newly appointed Team AkzoNobel skipper Brad Jackson (NZL) says the team are moving on and looking forward to the start of the opening Leg of the Volvo Ocean Race. The short leg from Alicante to Lisbon is due to start on Sunday. There the fleet will reassemble ahead of the start of the race proper with a 7,000nm leg from Lisbon, Portugal to Cape Town, South Africa
Posted on 20 Oct
An interview with Donald Weld about the 2017 J/70 North Americans
I caught up with Donald Weld, regatta chair of the 2017 J/70 North Americans, to learn more about this exciting event. The 2017 J/70 North American Championships are set to unfurl on Long Island Sound and will be hosted by the American Yacht Club from October 9-15. Given the number of sailors living in the greater region, it’s not surprising that it’s attracting the kinds of numbers that would be the swooning envy of plenty of world championships. I caught up with Donald Weld, regatta chairman, to learn more.
Posted on 9 Oct
America's Cup - New York Yacht Club makes a smart early move
New York Yacht Club's announcement of an entry in the 36th America's Cup may have seemed to some as a premature move. New York Yacht Club's announcement of an entry in the 36th America's Cup may have seemed to some as a premature move. Coming just seven days after the Protocol joint announcement, most would have expected the club with the longest involvement in the America's Cup to have at least waited until the concept drawing of the AC75 was published, at the end of November, before confirming their intentions.
Posted on 6 Oct
America's Cup - Dan Bernasconi on shaping the AC75 'Beast'
Dan Bernasconi, Technical Director of Emirates Team NZ is leading the design team charged with developing the AC75 rule Dan Bernasconi, Technical Director of Emirates Team New Zealand, has turned his hand from leading the team charged with developing the quickest America's Cup multihull on the planet to performing a similar feat with a monohull. First step in the process is coming up with a concept boat, and then writing a class rule to accommodate that type. The 75ft monohull has been given various monikers, bu
Posted on 5 Oct
A Q&A with Sam Rogers about the 2017 Melges 20 World Championship
I interviewed Sam Rogers, the Melges 20 North American fleet manager, to learn more about the 2017 Worlds (October 3-7). The 2017 Melges 20 World Championship is set to unfurl off of Newport, Rhode Island, from October 3 to 7 and will be hosted by the New York Yacht Club (NYYC) at their beautiful Harbour Court facility. I caught up with Sam Rogers, the Melges 20 North American fleet manager, via email to learn more about this exciting regatta that’s expected to draw competitors from four continents and nine nations.
Posted on 2 Oct
America's Cup - Dalton opens up on boat and options for next Cup
The Protocol for the 36th America's Cup will take place in Auckland on the morning of the 29th September Italian media are reporting that the announcement of the Protocol for the 36th America's Cup will take place in Auckland on the morning of the 29th September. Dalton confirmed the details of the yacht will be revealed two months later on November 30, but would not say if it will be a foiling monohull as speculated in the media.
Posted on 18 Sep
An interview with Rainer Muller about the International 6 Metre Worlds
I interviewed Rainer Muller, vice chair of the International 6 Metre Class Worlds, via email, to learn more. The 2017 International 6 Metre Class World Championships are set to unfurl off of Vancouver, Canada, from September 17-21 and will be hosted by the Royal Vancouver Yacht Club, so I caught up with event vice-chair Rainer Muller, via email, to learn more about this exciting biennial regatta that’s expected to draw 45-50 boats from eleven different nations.
Posted on 18 Sep
An interview with Shelia Graves about the IHYC's Classic Yacht Regatta
I interviewed Sheila Graves, co-chair of IHYC’s Classic Yacht Regatta, via email, to learn more about this upcoming even Indian Harbor Yacht Club’s eighth-annual Classic Yacht Regatta is set to unfurl the weekend of September 15 and 16, so I caught up with Sheila Graves, event co-chair (and a former winning sailor), via email, to learn more about this now-classic New England event.
Posted on 13 Sep
An interview with Katie Coleman Nicoll about the 2017 J/24 Worlds
I interviewed Katie Coleman Nicoll of the 2017 J/24 World’s organizing committee to learn more about this great event. This year’s J/24 Worlds will unfurl from September 15-23, 2017 on the waters of Canada’s Lake Ontario and will be hosted by the Port Credit Yacht Club on the lake’s northwestern shores. I interviewed Katie Coleman Nicoll, secretary/treasurer of the Canadian J/24 class and a member of the 2017 J/24 World Championship’s organizing committee, via email, to learn more about this exciting event.
Posted on 11 Sep
Pulling G’s with Beneteau – Pt II
Just a little while ago we pulled some Gs with Beneteau’s Mr Product, aka G3. Just a little while ago we pulled some Gs with Beneteau’s Mr Product, aka G3. You can go back and read Part One of the story of Gianguido Girotti, as and when you may like. However, for now we’ll push on with the incredible semi-foiler Figaro 3, and the new Oceanis 51.1, along with what they represent for the brand as a whole. It is a very interesting tale, especially as Beneteau...
Posted on 31 Aug