sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery
Sail-World.com : America's Cup: Lack of time cited as reason for Oracle back-down
America's Cup: Lack of time cited as reason for Oracle back-down


'Oracle Team USA claimed that other teams 'trespassed' on their AC45’s ahead of the Red Bull Youth series'    Gilles Martin-Raget: AmericasCup©    Click Here to view large photo

Oracle Team USA withdrew their Application to the International Jury due to a lack of time to compile evidence, according to their Rules representative at the Hearing, Tom Ehman, who is also Vice Commodore of the Cup Trustee, Golden Gate Yacht Club.

Ehman stepped into the role normally taken by Oracle Team USA Rules Adviser, Richard Slater, who continues to handle day to day rules issues. Originally the Application was lodged in Slater's name, however Ehman was accepted by the Jury as the team’s representative for the Hearing

The Application stemmed from an incident, where Oracle Team USA claimed that team members of Luna Rossa and Emirates Team New Zealand had 'trespassed onto Oracle Team USA owned AC45 yachts in an attempt to gain information about Oracle Team USA'.

GGYC Vice Commodore Tom Ehamn speaking at one of his Cupdate roadshows -  Gilles Martin-Raget: AmericasCup©   Click Here to view large photo
Oracle Team USA was given two days to prepare for a preliminary hearing by the International Jury. The purpose of that hearing was essentially to determine if there was case to answer, in which case the Jury would have issued further directions.

At the heart of the Application was whether the two teams had breached Article 37 of the Protocol governing the America's Cup which prohibits teams from gaining information on another team by a variety of means including an 'illegal act'.

It was initially claimed that the alleged trespass was an 'illegal act' and was therefore a Breach of the Protocol. However during the course of the Hearing it was acknowledged by Oracle Team USA that they did not know whether the 'actions complained of constituted trespass under California law or not'.

Many suspect that the action did not constitute trespass.

No photographic or video evidence was produced at the Preliminary Hearing, and under the Jury Rules of Procedure, Ehman would not tell Sail-World whether such evidence existed. However Ehman did say the 'the people were identified by name by one witness'.

Neither is it clear as to what information could have been gained by the Challenger team members, that had not already been canvassed by the Measurement Committee.

The strict one -design AC45’s lined up ahead of the Red Bull Youth America’s Cup. Oracle Team USA’s illegal alterations took their boat out of class  Gilles Martin-Raget: AmericasCup©   Click Here to view large photo
Further, had the team members found some new evidence at such a late stage, they would have laid themselves open to charges of planting evidence, which would have been an extremely serious matter. As would boat tampering.

The current status of the Application is that it has been withdrawn, 'but we reserve the right to re-lodge it if an when we thought it was appropriate.' Such a re-lodgment would require acceptance by the Jury if it was to proceed to further Hearings. Ehman would not discuss the case further, even though as withdrawn case it was exempted from the Jury Rules of Procedure, as a determined case, because they may decide at some time to re-lodge.

Prior to the Hearing Emirates Team New Zealand had issued a statement describing the Oracle Team USA application as 'laughable' and that their team members had been in the vicinity of the Oracle Team USA AC45's as they assisted members of the New Zealand team prepare their boat for competition in the Red Bull Youth America's cup Regatta.

The full Jury decision can be read by clicking here


by Richard Gladwell

  

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

http://www.sail-world.com/index.cfm?nid=113579

3:36 AM Sat 24 Aug 2013GMT


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:

24 Aug 2013  Louis Vuitton Cup - Images from the final by Carlo Borlenghi
24 Aug 2013  Louis Vuitton Cup: Am-Cam Video - Highlights of Finals Race 6
24 Aug 2013  Louis Vuitton Cup: Emirates Team NZ moves to 5-1 in Final
24 Aug 2013  Luna Rossa: Race 6 - Louis Vuitton Cup Finals against Emirates Team NZ
24 Aug 2013  Louis Vuitton Cup: Emirates Team NZ on brink of winning Final + Videos
24 Aug 2013  Louis Vuitton Cup: Not only history repeats - Finals, Race 6
24 Aug 2013  Louis Vuitton Cup: Spectacular Am-Cam video of Kiwis foiling upwind
24 Aug 2013  Louis Vuitton Cup: Emirates Team NZ wins another point in Final
23 Aug 2013  Louis Vuitton Cup: Am-Cam video Race 4 and 5 of the Final
22 Aug 2013  Louis Vuitton Cup: Luna Rossa concede two races to Kiwis
MORE STORIES ...






News - USA and the World

The first annual WetaFresh is a big success by Tim Wieringa, Muskegon, MI














Techno 293 Worlds - France and Italy claim titles by International Windsurfing Association,














420 World Championship - Singapore and Spain out front by 420 International Class Association,






























Lightning strikes cut short CFJ Nationals by Andy Kopetzky, Santa Monica Bay








Sevenstar Round Britain and Ireland Race sets off August 10th
PWA Fuerteventura Grand Slam - Antoine Albeau victorious on day 5
Snipe Western Hemisphere and Orient Championship headed for San Diego
WPA Championships - Kids race divisions offered
New Clever Pig launched by US Sailing
America's Cup: Group agrees to co-operate in London Meeting
Copa del Rey Mapfre - Build-up reveals some remarkable enthusiasm
Marblehead NOOD Regatta - Images by Leighton O'Connor
America's Cup: Two AC72 skippers discuss Foiling Moths and the Cup
RS Feva World Championship - Brilliant sailing on day 2
America's Cup: Alameda makes overtures on Venue hosting for San Fran *Feature
Cape Panwa Hotel Phuket Race Week 2014 - Relishing a challenge
Edgartown Race Weekend - BBBR and Round-the-Island Race winners named
Etchells Invitational Cup - Aussies take early lead in Cowes
PWA Fuerteventura Grand Slam - Antoine Albeau strikes back on day 4
Aquece Rio – International Sailing Regatta - All set for test event
ISAF World Sailing Rankings for 28 July 2014
29er World Championship - All set in Kingston
ORC World Championship - Third Course area opens for huge fleet
Day one of the Allen RS Feva World Championships
Anna Tunnicliffe: Final two days of the 2014 Reebok CrossFit Games   
Joachim Aschenbrenner takes gold at ISAF Youth Match Race Worlds 2014   
Maxi Soh scores double wins in CMRC Summer Doubleheader   
29er World Championship opening ceremonies in Confederation Park   
PWA Fuerteventura Grand Slam - Action resumes on day 3   
Land Rover Sydney Gold Coast Yacht Race Start 2014 VIDEO   
Laser Radial Men’s World Championship 2014- Final day   
2014 Pacific Cup - Scarlet Runner wins   
Gladwell's Line: America's Cup - Joint Statement is a curious note *Feature   
ISAF Youth Match Racing World Champ - Top four battle it out for final   
BIC Techno 293 Worlds 2014 - Day 6   
PWA Fuerteventura Grand Slam - Wind teases competitors on day 2   
Women’s Match Race Golfe du Morbihan - Action-packed day of racing   
Herreshoff Marine Museum announces successful fundraising campaign   
Brewin Dolphin Commodores' Cup - The most comprehensive victory yet   
Anna Tunnicliffe fourth at mid-point of 2014 Reebok CrossFit Games   
2014 29er North American Open Championship - Australians win   
INSA Sabot II Invitational Regatta - Erik Hou claims victory   
CMRC Summer Invitational Series - Maxi Soh wins Doubleheader A event   
International Moth World Championships - Nathan Outteridge wins   


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