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

7:26 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

Volvo Ocean Race: Heading for the speedway to Cape Town *Feature by Richard Gladwell, Sail-World.com/nz
The Volvo Ocean race fleet are now all around the turning mark of Fernando de Noronha, and have continued down the Brazilian coast. Currently the first three yachts, Abu Dhabi Ocean Racing, Team Brunel and Team Vestas Wind are all travelling at 17kts, as they travel around the St Helena High. ... [more]  

Join the crew of the ORMA60 TeamVodafoneSailing as they slash 20 minutes off their previous record for the PIC Coastal Classic on Friday. The Coastal Classic is a 119nm course from Auckland to Russell in the Bay of Islands. Originally conceived as a drag race between multihulls and monohulls ... [more]  

2014 Optimist World Championship - The first stage of the OptiWorlds Argentina 2014 schedule has finished today. The fleet was divided in three equal parts: the first third is gold, the second one is silver and the last fleet is bronze. This individual regatta continues next Tuesday. ... [more]  

2014 - 15 Volvo Ocean Race - Abu Dhabi Ocean Racing won the race to the Equator late on Thursday and were in good shape to make the turning mark of Fernando de Noronha at the head of the Volvo Ocean Race fleet as their six rivals were still playing catch-up despite finally escaping the Doldrums. ... [more]  

After more than 17 years with the International Sailing Federation (ISAF) Jerome has decided to pursue other professional challenges. ... [more]  

2014 Renaissance Re Junior Gold Cup - Stamina and determination were key factors for the competitors racing in day two of the Renaissance Re Junior Gold Cup today. The 14 international guests and 26 young Bermudians finished five races on Bermuda’s Great Sound. This is a test of endurance for any sailor especially young ones. ... [more]  

With less than a day left to reach the turning mark at Fernando de Nonoha, 220nm off the coast of Brazil, Abu Dhabi Ocean Racing has retained the lead she built in the Doldrums. She is unlikely to be headed, although the second boat on the water, Team Brunel is projected to be less than an hour behind at Fernando ... [more]  

2014 International Masters Regatta - Anyone heading out to San Diego Bay this weekend is likely to witness some of sailing’s most legendary skippers show exactly why they’ve earned the reputation as the best in the business. Established in 1975 by Don Trask, the International Masters Regatta features the best master sailors from around the world and is being hosted by the San Diego Yacht Club ... [more]  

One flight of the Quarter Finals was sailed Friday afternoon following the completion of the Qualifying Rounds and the selection of opponents and draw for boats. The Quarter Finals set Ian Williams against Marek Stanczyk, Taylor Canfield against Steffan Lindberg, Eric Monnin against Pierre Morvan, and an all Swedish pairing of Bjorn Hansen against Johnie Berntsson. ... [more]  

What could be better than racing for three days with over 2000 of the world's best sailors? How about racing for four days! The St.Maarten Heineken Regatta is proud to announce that their pre-event, the Gill Commodore's Cup, is accepting entries in all boat categories (excluding Lottery Class). ... [more]  

The seventh day of the La Torche PWA Grand Slam saw the light winds continue, despite a promising forecast for today. In the late afternoon a few of the sailors took part in a tow-in training session as there is scope to run a tow-in contest tomorrow, with the forecast looking glassy. ... [more]  

Picture postcard perfect conditions returned to Bermuda for the third and final day of Qualifying at the Argo Group Gold Cup, the sixth stage of the 2014 Alpari World Match Racing Tour. After yesterday’s torrential rain, Hamilton Harbour was bathed in glorious sunshine and breeze that by lunchtime was gusting up to the mid-teens. ... [more]  

Volvo Ocean Race: Leaders pass Fernando and head for Cape Town *Feature by Richard Gladwell/Sail-World.com/nz
Volvo Ocean Race Control reports that the lead boats in the 40,000nm race have rounded, or rather passed, the turning point off Fernando de Noronha. They are now proceeding down the Brazilian coast, to round the back of the South Atlantic high pressure zone , and have what is expected to be a fast ride to the Leg 1 finish in Cape Town. ... [more]  

Melges 32 Gold Cup on the horizon by International Melges 32 Class Association
With a fleet and sailors as diverse as the nightlife on Ocean Avenue, the Melges 32 Gold Cup, hosted by the Coconut Grove Sailing Club kicks off in just two weeks, featuring eighteen ultra-high performance Melges 32 teams from nine different countries. ... [more]  

Rolex Middle Sea Race - Keeping a good watch by Media Royal Malta Yacht Club
Peter Dimech, Principal Race Officer and Race Chair spoke about the storm that raged through the Rolex Middle Sea Race fleet. “The remaining yachts racing in the Rolex Middle Sea Race are expected to arrive at the Royal Malta Yacht Club by today and tomorrow. Whilst the wind speed has decreased, the sea state is still significant and we are keeping a close watch on the yachts still at sea. ... [more]  

Volvo Ocean Race 2014-15, Onboard Team Alvimedica. I’d hate to come across as being impossible to please but after days of wanting out of the doldrums, days of struggling with routines, with sleep, with a lack of regularity and consistency to our schedules, and of course--predictability to the weather—we’re 'out' and still trying to find it ... [more]  

Volvo Ocean Race 2014-15, Day 13 onboard Team SCA. I’m unsure if I should be nervous, excited, stressed, or thrilled today. As today I get to have fish guts smeared over me only to then become officially apart of King Neptune’s kingdom. ... [more]  

There was a shakeup at the top on day three of the 2014 RS:X Youth Worlds in Clearwater, Florida! Fully recharged thanks to the lay day yesterday, all competitors were eager to enter the final stretch of the competition in Clearwater, and the planing conditions in the forecast certainly contributed to the excitement on the beach. ... [more]  

The opening day of the 105-boat China Cup International Regatta saw old rivalries renewed in the Beneteau 40.7 class, as Vatti Sailing stole victory from Vanke Longcheer in the opening Simpson Marine Passage Race from Hong Kong to Shenzhen. ... [more]  

Team Alvimedica Navigational Strategist, Anderson Reggio, explains the issues ahead of the crews in the remaining half of leg 1 of the 2014-15 Volvo Ocean Race. After the Equator and Fernando, the weather looks to be shaping up to be pretty standard for the South Atlantic. The St Helena High which typically dominates this body of water is the main driver for breeze in the short term. ... [more]  

The next landmark, or ‘sea mark’ if you will, for Leg 1 is crossing the Equator, as Team Alvimedica continue to make their way south to round Fernando de Noronha off the coast of Brazil. Crossing this latitude is not like crossing any other on their way around the world, but has special significance for sailors who have never crossed the 0° parallel of latitude. ... [more]  

Volvo Ocean Race 2014-15 - Mapfre cruzará el Ecuador hacia las 13:00 aproximadamente. ... [more]  

Argo Group Gold Cup - A front slowly crossing Bermuda brought with it an overcast sky and rain squalls. Nonetheless, despite squelching their way ashore completely soaked, the Group 2 crews enjoyed the morning’s stronger breeze, the wind less shifty having veered into the southwest overnight, blowing down Hamilton Harbour rather than across it. ... [more]  

RenaissanceRe Junior Gold Cup - In second place, Adam Larson of Bermuda has seven points and had a great day on the water today. Larson, whose family is still without electricity after Hurricane Gonzalo, said he has been getting to bed a lot earlier these days and feels that the conditions also favored his performance today. ... [more]  

As predicted in last night's preview in Sail-World, the ORMA 60 TeamVodafone Sailing has set a new course record for the 119nm course in the PIC Coastal Classic. ... [more]  

Taylor Canfield (ISV) US One, top seed in Group 2, is the first skipper to qualify for the Quarter Finals in the 2014 Argo Group Cup. Canfield lost his first match in day one of racing against Chris Poole (USA) Riptide Racing. Since then the number two skipper on the Alpari World Match Racing Tour has sailed to seven straight points. ... [more]  

The forecast for day six at the La Torche PWA Grand Slam offered a slight possibility of producing some racing, but unfortunately the wind never really materialised meaning the sailors spent another day on hold. Throughout the day there were gusts of up to 10 knots, but the wind failed to improve beyond that. ... [more]  

Volvo Ocean Race 2014-15, Day 12 onboard Team SCA. This morning the boat was so quiet you could hear a pin drop, shortly after sun up we were hooning along in 20kts in a torrential downpour, by late afternoon we were sailing backwards, and who knows what tonight will bring. ... [more]  

The push and shove of 12 knots of Atlantic breeze – things are looking up in the Volvo Ocean Race. On board Abu Dhabi Ocean Racing, things are looking up. First in the fleet, and out of the Doldrums, they’re heading fast towards the Equator, trade winds blowing gusts of encouragement around their ears. ... [more]  

Volvo Ocean Race - Day 12 for Team Alvimedica by Amory Ross, Team Alvimedica
Volvo Ocean Race 2014-15, Day 12 onboard Team Alvimedica. There is no question as to the origins of the phrase 'down in the doldrums;' the monotony of these days is painfully apparent. It’s a pattern too familiar: a night of variable conditions—torrential rain and 20 knots of wind one minute, no wind and starry skies the next. Feast or famine. ... [more]  

With only nine days remaining until the close of entries, one of the smallest, most audacious and memorable yachts in the history of the CYCA’s Rolex Sydney Hobart Yacht Race, appropriately became the 100th entry. A mere 10.5 metres, James Cameron’s Hick 35, Luna Sea, will again do duty as one of the pintsized yachts in fleet for the 70th edition of the 628 nautical mile race. ... [more]  

Today was the last day of competition at the Student Yachting World Cup. Even though England’s victory was already for sure, the top-5-ranking could change a lot with two more races: Italy was second with 46 pts, Ireland third with 47 pts, Norway fourth (52 pts) and Switzerland fifth (58.2 pts)… the USA followed with 59 pts! ... [more]  

A varied and international fleet ranging from 40 to 100ft (12.19 to 30.48m) will set off for Grenada on Saturday 29th November from Lanzarote, the most eastern in the Canary Islands chain, in the Royal Ocean Racing Club's Transatlantic Race. ... [more]  

Star Sailors League Finals - Three American greats to compete
America's Cup: Airbus and Oracle Team USA forge technology partnership
Rolex Middle Sea Race - Another dramatic day
Rolex Middle Sea Race - Artie confirmed as overall winner
Argo Group Gold Cup - Near perfect start for GAC Pindar
Volvo Ocean Race - A nightmare for sailors
The 2014 Severne Starboard Aloha Classic is coming...
Rolex Middle Sea Race 2014 - Artie's heroic return
Argo Group Gold Cup - Slender lead for Marek Stanczyk
Ben Ainslie Racing foiling on the Solent + Video *Feature
METS names DAME Award nominees
La Torche PWA Grand Slam - A day of rest for wave sailors
Rolex Middle Sea Race - A day of reckoning for the fleet
Volvo Ocean Race - Playing the Doldrums lottery
Volvo Ocean Race - Dongfeng Race Team takes on the Doldrums
Volvo Ocean Race - Team Alvimedica, somewhere in the windless ITCZ
Rolex Middle Sea Race - Artie gunning for glory
Volvo Ocean Race - Another perspective from Team SCA
Rolex Farr 40 World Championship - Success in San Francisco
RS:X Youth World Windsurfing Championship - Intense racing + Video
Rolex Middle Sea Race - Big breeze and lumpy seas   
The first sail that changes lives   
Volvo Ocean Race: Blogs from the Boats - Leg 1, Day 10 plus Videos *Feature   
Volvo Ocean Race: Leg 1 turns inside out in Doldums *Feature   
34th Student Yachting World Cup La Rochelle 2014 - Fifth race day   
2014 Argo Group Gold Cup - Match racers defy Gonzalo   
Volvo Ocean Race: Big gains for two boats in Doldrums *Feature   
Argo Group Gold Cup - Qualifying Groups set   
Renaissance Re Junior Gold Cup - Kids breeze past Hurricane Gonzalo   
DSS to revolutionise IMOCA 60s, both new and old   
ISAF Sailing World Cup Miami: Groupe Beneteau sponsors US Sailing Team   
Volvo Ocean Race - The bright side of the Doldrums   
Volvo Ocean Race - Team Vestas Wind contemplates the tropics + Video   
Volvo Ocean Race - Dull day, crazy night for Dongfeng Race Team   
Volvo Ocean Race - Team SCA ready for equator crossing   
Volvo Ocean Race - Tough challenge for Brunel's Pablo Arrarte Elorza   
RS:X Youth Worlds - Hard work on day 1 + Video   
St. Maarten Heineken Regatta - NoR released, entries open for 2015   
Rolex Middle Sea Race - A turning point for the fleet   
Volvo Ocean Race 2014-15 - Leg one – Doldrums for dummies   


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