sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery
Sail-World.com : America's Cup: Oracle Team USA face very serious charge over kingposts
America's Cup: Oracle Team USA face very serious charge over kingposts


'Oracle Team USA have been ordered to attend a Hearing under Rule 69 and Article 60 by the International Jury for the 34th America’s Cup'    ACEA/Photo Abner Kingman©    Click Here to view large photo

Oracle Team USA face an unprecedented Hearing under discipline provisions of the America's Cup and Racing Rules.

The minor incident which has escalated into the the most serious form of Hearing in the sport, relates to the finding on July 26, that a builder supplied part of three AC45's managed by America's Cup Defenders Oracle Team USA, had been tampered with, and had over 2kgs of ballast added to it.

The discovery was made by boatbuilders working for America's Cup Regatta Management (ACRM).

The amount of additional weight added was miniscule, and it is equally hard to understand why it would be located outside of the prescribed corrector weight area, however the point is that it was a breech of the class rules for the AC45 - which is a one design manufacturer supplied class.

It should have been a relatively simple matter of the team identifying the people involved, the circumstances, and providing the Measurer with an explanation - all within 24 hours. Had they done so, they could maybe have avoided the ignominy of withdrawing from the last four events of the America's Cup World Series, of which Oracle team USA had won three and finished second in the other.

The situation has dragged on for over three weeks and now the investigatory phase of a Rule 69 Hearing has concluded which involved a substantial number of the team members, at a time when they should be preparing for the Defence of the America's Cup.

If found to have committed a serious offense the Defender's Team and Principals could face very serious consequences, with just 20 days remaining to the 34th America's Cup.

The Hearing is expected to focus on the incident itself, but more significantly on the Team's actions once it became aware of the situation and whether it has been fully co-operative with the Measurement Committee and International Jury.

The timelines involved in the various steps in what should have been a relatively simple case, would tend to indicated that has not been the case - providing fuel for the latest, and very serious moves which were announced around 11.00am local time.

The International Jury have resolved to hold a Hearing under both Rule 69 of the International sailing Federation racing Rules, and Article 60 of the Protocol governing the America's Cup, against the Defender, Oracle Team USA.

Oracle Team USA, sailing in the Defender trials. their last infringement cost the team five days sailing time. -  ACEA-Photo Abner Kingman©   Click Here to view large photo
The move is unprecedented against a team in the history of the America's cup and follows investigations that have taken place since July 26, when illegal weights were found in two, or three, of AC45 class yachts managed by Oracle Team USA in the America's Cup World Series.

The Jury began an investigation process on August 4, and that has escalated until today's announcement.

Sixteen members of the Oracle Team USA team have been interviewed and five members of the America's Cup Race Management team.

After considering the information from those interviews, plus various other reports and submitted material, the decision was taken that there was a case to answer under Rule 69 and Article 60.

That formal Hearing will take place on August 26, 2013 in San Francisco.

The issues to be covered in the Hearing are described in the Jury Notice:

(i) whether OTUSA has engaged in ‘conduct or any activity... on or off the water, that is prejudicial or detrimental to or against the welfare or the best interests of the America’s Cup, or the sport of sailing, or that may impair public confidence in the honest and orderly conduct of the America’s Cup, any Event, or in the integrity and good character of any Competitor, Official, selected venue, sponsor or other commercial partner of the America’s Cup’;

and (ii) whether OTUSA failed to ‘use its best efforts to ensure that no team member, owner, officer, employee, contractor, affiliate, agent or representative of the Competitor engaged in such conduct referred to above.


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
Such Hearings are largely a fait accompli, given the level of investigation that has already taken place, as there can be little dispute over the facts already uncovered by the Jury. Indeed Oracle Team USA's own investigation reported that one member of the sailing team and three members of the shore crew were involved.

Under Rule 69 of the ISAF's Racing Rules action can only be taken against a competitor or boat. neither is a defined term in the rules, which means that the normal dictionary meaning applies it would seem that it would apply only to a team as a whole or penalising a boat in a series. It is more difficult, but not impossible to get the rule to stretch to cover actions by a shore crew member or a coach.

Further when Rule 2 of the Racing Rules is considered it states that 'A boat and her owner shall compete in compliance with recognized principles of sportsmanship and fair play.' That sets the background as to who is ultimately responsible under Rule 69 - meaning that the team as a whole and its principals, and ultimately owner, Larry Ellison are directly accountable for the actions that have taken place.

As team owner, Larry Ellison may be involved directly in the Jury Hearing -  Gilles Martin-Raget: AmericasCup©   Click Here to view large photo
Article 60 is more wide-ranging. Originally introduced, largely at the behest of the organisers of the America's cup Regatta at a time when Emirates Team New Zealand's managing Director Grant Dalton was being particularly outspoken about aspects of the regatta and its organisation over which he had concerns.

Article 60 was prompted dubbed the 'Dalton Amendment', and ironically it is now being used for the first time in the America's Cup against one of its key proponents, who some would say are being hoist by their own petard.

That provision of the Protocol is an escape clause for the team owners, as it allows the Jury to go down to the individuals in the team take any action prescribed. At its worst that could include exclusion from the Regatta, points penalty against the team and a whole manner of other options.

In a rider to the Notice posted in the official Notice Board the Jury tellingly note: 'If OTUSA is found to have breached Protocol Article 60.1, the Jury may impose such penalties or orders as it believes to be just and equitable, including but not limited to those penalties set forth in Protocol Article 15.4(d)'

Oracle Team USA were previously found to have breached the surveillance provisions of the Protocol, by navigating to with 200 metres of the challenger, Luna Rossa in Auckland, and taking photos - contrary to the provisions of the Protocol. For this infringement they were suspended from five days of sailing in late April 2013, at the end of the second restricted sailing period.


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=113395

8:26 PM Mon 19 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:

21 Aug 2013  America's Cup: Int Jury to hold Hearing into Oracle AC45 claims
20 Aug 2013  Louis Vuitton Cup: Highlights from Day 3 of the Finals
20 Aug 2013  Yamaha outboards ready as Emirates Team NZ prepares for final Cup push
20 Aug 2013  Louis Vuitton Cup: Finals Race 3 - One wheel on my wagon
20 Aug 2013  Louis Vuitton Cup: Another breakdown mars Race 3, Emirates Team NZ win
19 Aug 2013  Louis Vuitton Cup: Am-Cam Video of Finals - Race 2
19 Aug 2013  America's Cup: Emirates Team NZ drops in on Oracle Team USA session
19 Aug 2013  Louis Vuitton Cup: Images of Day 2 - Luna Rossa Vs Emirates Team NZ
19 Aug 2013  America's Cup: Two days of Defender Trials - Full Replay Video
19 Aug 2013  Louis Vuitton Cup: Luna Rossa defeat the Kiwis in Race 2 of Finals
MORE STORIES ...






News - USA and the World





















Big Boat Series - It's not the size, it's the length by Erik Simonson, Pressure-Drop.US,




















470 Men and Women Worlds - Champs take over leaderboard by 470 International Association Class,


























J/24 World Championship - Excitement builds for Newport racing
Volvo Ocean Race - Seb Marsset joins Team Alvimedica
Fall Seamanship training opportunities at New York Yacht Club
Rolex Big Boat Series: More images from San Francisco - Final Day
AWT Hatteras Wave Jam action commences on day 3
Rolex Big Boat Series: Images from San Francisco - Final Day
ISAF Sailing World Championships - Watch medal races live here
Hobie 16 Open North American Championships and Pan Am Games qualifier
ISAF Sailing World Championship - Videos from Santander
ISAF Sailing Worlds: Buckingham into Medal Race, 470's stay consistent
470 Men and Women Worlds - Vadlau and Ogar into pole position
2014 Chicago Match Cup - Defending champion on top
ISAF Sailing Worlds, Santander - Strong competition for RS:X fleets
ISAF Sailing Worlds, Santander - Big breeze on day 6 + Video
ISAF Sailing Worlds, Santander - Buckingham into Laser Medal Race
U.S. Multihull Championship - Hobie Alter Trophy to be decided
ISAF Sailing Worlds - The kind of form most sailors only dream about
Royal Cup Marina Ibiza - Quantum Racing ahead of target
ISAF Worlds Santander - 19 Rio 2016 Laser Radial spots awarded
Santander 2014 ISAF Worlds - 21 broadcasters to take live coverage
Rolex Swan Cup - Looking forward to the next 30 years   
America’s Cup: The Future is foiling – AC45s to be modified   
Volvo Ocean Race: Win a stopover trip by designing an ECsix T-Shirt   
Red Bull 49erFX: On the eve of the Worlds in Santander   
America's Cup: Ben Ainslie Racing launches partnership with Yamaha   
2014 Chicago Match Cup - Starts tomorrow   
Rio 2016 Daylight the issue for Olympic sailing regatta   
ISAF Sailing World Championships - USA 470's and Lasers battle at top   
ISAF Sailing World Championships - Santander - Day 5 video highlights   
ISAF Sailing World Championships - Santander images by Jesús Renedo   
PWA Cold Hawaii World Cup - No action on day 2   
470 Men and Women Worlds - Game on for Olympic Qualification   
ISAF Sailing World Championships: Finns off to slow start in Santander   
ISAF Sailing World Championships - Seesaw Day 5 in Santander + Video   
ISAF Sailing World Championships - 470 sailors shine in Santander   
Royal Cup Marina Ibiza - Kiwi Ray Davies returns to TP52 fleet   
Starboard Hatteras Wave Jam - No windsurfing action on day 1   
A complete recap of the most successful Melges 20 World Championship   
Rolex Big Boat Series - Prizegiving images by Chuck Lantz   
ISAF Santander - Upwards path for Austrian women's 470 crew + video   


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