Please select your home edition
Edition
Cyclops Marine 2023 November - LEADERBOARD

America's Cup- Oracle crew mate lodges complaint against Tienpont

by Richard Gladwell, Sail-World.com/nz on 23 Jan 2015
Simeon Tienpont - AC72 - Oracle Team USA,. San Francisco Guilain Grenier Oracle Team USA http://www.oracleteamusamedia.com/
Former Oracle Team USA team member, Matthew Mitchell has issued a media release stating that he has lodged a complaint with the International Sailing Federation over the actions of a fellow crew member, Simeon Tienpont, and inaction by the International Jury for the 34th America's Cup, in San Francisco.

A Dutch sailor, Tienpont is now with the Challenger Luna Rossa (ITA).

The complaint to the International Sailing Federation centres around both a report from an investigation by Yachting New Zealand and an internal report from an allegedly incomplete investigation by Oracle Team USA.

The Yachting New Zealand report expressed surprise that action was not taken by the International Jury against Tienpont.

In a report commissioned by the New Zealand national sailing body, two Commissioners appointed by YNZ wrote: 'we are troubled by the fact that the ACIJ (America's Cup International Jury) failed to include an allegation of gross misconduct against Simeon Tienpont. He was called as a witness by the ACIJ ..... he stated that he put resin in the dolphin striker of Boat BAR, alleging that he had assisted Matthew Mitchell in this and had been asked by Matthew Mitchell and Kyle Langford to do that work. We struggle to understand how a senior sailing member of OTUSA who admitted in an interview with ACIJ (Jury) Members filling a kingpost on Boat BAR with resin should not have faced an allegation of serious misconduct under (ACRRS) Rule 69 as did Bryce Ruthenberg, Andrew Walker, Kyle Langford and Matthew Mitchell did.'

In the statement, Mitchell says that he is looking forward to the ISAF investigating his claims. Mitchell's statement accompanying the media release also embraces the controversial foil adjustment system used by Oracle Team USA, on the basis that Tienpont was one of those on board who was able to adjust the foils.

Oracle internal investigation
Mitchell alleges that 'Oracle's internal investigator expressed surprise that Simeon was not charged at the time of the revelations - this from a secret memo that surfaced at the recent CAS (Court for Arbitration for Sport) re-examination of a related case.' The statement makes other claims that require further substantiation.

In its report the ISAF Disciplinary Commission made reference to the Oracle Team USA internal investigation by Ms Anne Le France, and notes that a report on an interview with Ms Le France was on the Jury's records that was not made available to the accused parties for comment. 'According to the CAS decision, that note on one hand finds Mr de Ridder (Dirk de Ridder, suspended for 18 months by CAS) a credible witness (contrary to the conclusion that the AC Jury came to), but on the other hand corroborates the evidence of Mr Ruthenberg (Bryce Ruthenberg, OTUSA Shore team), and demonstrates that of Mr Walker as inconsistent.'

No further action
Mitchell's media release has also advised that the ISAF have decided to take no further action against him and that his case is considered closed. He was suspended from participation in the next four races in the 34th America's Cup by the International Jury.

The Int Jury made a report to both Yachting New Zealand, being Mitchell's own national authority and also the ISAF. The New Zealand body proceeded according to its rules and regulations and appointed two Commissioners, lawyers Roydon Hindle and Richard Brabant, to investigate and report. They recommended no further action and made comments critical of the International Jury and its processes.

The matter was also investigated by the ISAF in accordance with its processes and regulations.

In the conclusion to its report the ISAF Disciplinary Commission concluded that 'not withstanding Mr Mitchell's request for the panel to exonerate him, it would be inappropriate to commence a fresh hearing into this unfortunate episode so long after the event.'

'Consequently.... the panel orders that there shall be no further proceedings in this matter, the case is considered closed, and there is no finding by the panel as to the truth or otherwise of the AC Jury Report or of any breach by Mr Mitchell of the RRSAC'.

Earlier claim for legal costs
Matthew Mitchell also lodged a claim in a Californian court on December 20, 2014 against Oracle Team USA claiming recompense for legal fees involved in his defence during various Hearings and processes click here for the full story

Mitchell claimed he had to pay out $68,000 in legal fees, interest and other costs, to defend himself in the now concuded case with the International Sailing Federation over changes made to the one design AC45 catamarans used in preliminary regattas in 2012 and 2013.

Exposure MarineHenri-Lloyd Dynamic RangeSwitch One Design

Related Articles

Vaikobi Launches V-DRY-X
The New Standard in Grand Prix Sailing Dry Gear Vaikobi, a global leader in high-performance ocean sports apparel, is proud to unveil V-DRY-X: a breakthrough range of sailing dry gear engineered for Grand Prix racing and coastal yachting.
Posted on 27 Jun
Rolex Fastnet Race at 100 – the making of a giant
At present 469 yachts have entered this special edition - a far cry from its humble origins in 1925 One month remains until the 26 July start of the Rolex Fastnet Race, this year celebrating both its centenary as well as that of the club it spawned: the Royal Ocean Racing Club.
Posted on 27 Jun
America's Cup: Confidential settlement reached
A confidential settlement reached over five year Cup legal claims. New Zealand website, Newsroom has obtained the confidential settlement reached between the America's Cup team Emirates Team New Zealand and their formerly contracted Event Managers, Mayo & Calder, and others associated with the company.
Posted on 27 Jun
Crew dynamics will be decisive in Course des Caps
Just two days to go before the start of the first race of the eagerly-awaited 2025 IMOCA season With just two days to go before the start of the first race of the eagerly-awaited 2025 IMOCA season, all eyes are on Boulogne-Sur-Mer as 11 crews prepare to race around the British Isles in the Course des Caps-Boulogne sur Mer-Banque Populaire du Nord.
Posted on 27 Jun
2025 Marion to Bermuda Race concludes
Celebrating the remarkable seamanship and sportsmanship of every team After days of strategic sailing, shifting winds, and open-ocean challenges, the results are in—and we're proud to celebrate the remarkable seamanship and sportsmanship of every team that took part.
Posted on 27 Jun
29th Superyacht Cup Palma day 2
Linnea Aurora turns the tables as it gets tight at the top A bigger and better breeze welcomed the racing fleet on the second day of the Superyacht Cup Palma 2025, resulting in full-tilt sailing around the 23nm five-leg racecourse.
Posted on 27 Jun
CYCS 2025 Tiedemann Classics Regatta preview
Bringing together some of the most beautiful yachts on the water The Classic Yacht Owners Association's annual Classic Yacht Challenge Series (CYCS) kicks off a summer of stunning northeastern sailing with the 2025 Tiedemann Classics Regatta this weekend.
Posted on 27 Jun
Kieler Woche Day 8
Mourniac & Retornaz take the lead in the Nacra 17 class A dream day ahead of the second weekend at the Kieler Woche regatta off Schilksee: Moderate to fresh westerly winds with strong gusts, alternating sun and clouds, provided ideal sailing conditions for all participants on Friday.
Posted on 27 Jun
J/70 Mixed-Plus Worlds at Lake Garda Day 2
Spanish team Yupi top the leaderboard Friday was the second day of racing in Torbole for the inaugural J/70 Mixed-Plus World Championship. Although the "Ora" breeze was lighter than yesterday, it didn't disappoint; it blew steadily enough to deliver three fair, fun and hard-fought races.
Posted on 27 Jun
SailGP: Roger Federer inspires Swiss SailGP team.
Roger Federer joins forces with Switzerland SailGP Team to inspire success One of Switzerland's greatest sporting icons, Roger Federer, features in the newest episode of Racing on the Edge, SailGP's official behind-the-scenes docuseries, produced in partnership with Rolex.
Posted on 27 Jun