Please select your home edition
Edition
Mackay Boats

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.

Wildwind 2016 660x82Southern Spars - 100Mackay Boats

Related Articles

A Q&A with Charles Pessler, the regatta director of the legendary STIR
I corresponded with Charles Pessler, STIR’s regatta director, to learn about the event’s recent changes and evolutions. I recently corresponded via email with Charles “Chuck” Pessler, who is serving as the regatta director of the legendary STIR, to learn more about the changes and evolutions that have taken place at the event since my 2010 trip to racing paradise.
Posted on 22 Mar
New Pacific 52 class makes its debut in San Francisco
The first of two new-build Pacific 52's from Auckland's Cookson Boats is now sailing in San Francisco. The first of two new-build Pacific 52's from Auckland's Cookson Boats is now sailing in San Francisco. Invisible Hand for San Francisco's Frank Slootman replaces his earlier RP63 of the same name. She will soon be joined by a second Cookson build, Bad Pack (Tom Holthus) from the same moulds. A third, RIO 52 is for RIO 100 supermaxi owner Manouch Moshayedi.
Posted on 18 Mar
A Q&A with Chris Woolsey, regatta chair of the Miami to Havana Race
I talked with Chris Woolsey, regatta chair of the Miami to Havana Race, to learn more about this exciting race to Cuba. The 2017 Miami to Havana Race is set to begin on March 15 and promises high adventure-both sailing-related and cultural-for the sailors lucky enough to be participating in this historical-and for now legal-race. I talked with Chris Woolsey, regatta chair of the Miami to Havana Race and SORC race chairman, to learn more about this exciting race to Cuba.
Posted on 13 Mar
Gladwell's Line - Of Carnage, Characters and Colour
About this time of an America's Cup season, the sap begins rising as new boats are launched About this time of an America's Cup season, the sap begins rising as new boats are launched, and Cup fans get their first sight of the various team designers' response to the latest America's Cup Class rule. In the monohull days, of course, we initially only got a partial glimpse thanks to the shrouding practices adopted by all teams to hide the nether regions of their America's Cupper
Posted on 13 Mar
Caleb Paine on winning a US Sailing Rolex Yachtsman of the Year Award
I talked with Caleb Paine about his recent US Sailing Rolex Yachtsman of the Year Award and about his Olympic plans. On August 16, Caleb Paine broke the longest-running medal ceremony dry spell for American-flagged Olympic sailors since the 1930s when he captured a bronze medal in the Finn class at the Rio 2016 Olympics. I recently caught up with Paine on the phone to talk about his proud US Sailing Rolex Yachtsman of the Year Award and about his future sailing plans.
Posted on 10 Mar
A Q&A with Lloyd Thornburg about his love of fast boats and racing
I recently caught up with Thornburg to learn more about his program, and to gain insight into racing MOD70s offshore. Not too many world-class sailors hail from the high deserts of Santa Fe, New Mexico, but Lloyd Thornburg isn’t your average sailor. The 37-year old investor flies the New York Yacht Club’s burgee from his fleet of raceboats that have included a Gunboat 66, a MOD70, and a Farr 280. I recently caught up with Thornburg to learn more about his program, and to gain insight into racing MOD70s offshore.
Posted on 8 Mar
So what’s it really like?
For ages now, these editorials have talked about multihull this, record that, outrageous boat speed and 24-hour runs For ages now, well it seems like that anyway, these editorials have talked about multihull this, record that, outrageous boat speed and incredible 24-hour runs. In their own very unique way they totally represent the technical avant-garde, and thank God for that. Where would we be without their impressive shapes, wonderful rigs, and now of course, foiling magic.
Posted on 6 Mar
JJ Giltinan 18ft - Kiwi Champion the subject of two protests in Sydney
Overall series leader Yamaha will have her position put on the line in a series of protest hearings on Friday Overall series leader Yamaha will have her position put on the line in a series of protest hearings Friday morning in Sydney. She faces two claims - both from Appliancesonline (David Witt). The first is an attempt to re-open the Hearing held on Wednesday morning after Yamaha was suffered damage in Race 3 as a result of a collision with a give way yacht, and Yamaha received redress of average
Posted on 3 Mar
A Q&A with US Sailing’s Malcolm Page about the Sailing World Cup Miami
I spoke with Malcolm Page, US Sailing’s Olympic chief, about the team’s performance at the 2017 Sailing World Cup Miami I talked with Malcolm Page (AUS), a two-time Olympic gold medalist in the Men’s 470 class and the chief of Olympic sailing at US Sailing, to get his pulse on the team’s performance at the 2017 Sailing World Cup Miami and discuss some recent coaching changes within the Olympic-sailing program.
Posted on 20 Feb
America's Cup - Emirates Team NZ give first look at the pedaling AC50
Emirates Team New Zealand formally christened their new AC50 America's Cup Challenger on a rainy Auckland afternoon. Emirates Team New Zealand formally christened their new AC50 America's Cup Challenger on a rainy Auckland afternoon. The team has been sailing for the previous two days making news headlines after it was revealed in Sail-World.com that the AC50 would become only the second yacht in America's Cup history to use pedal power.
Posted on 16 Feb