sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery
Sail-World.com : America's Cup: Two Kiwis escape hometown action in AC45 rules ruckus
America's Cup: Two Kiwis escape hometown action in AC45 rules ruckus

'Oracle Team USA sailing one of their AC45’s'    ACEA - Photo Gilles Martin-Raget ©    Click Here to view large photo

The two New Zealanders involved in the ruckus over boat tampering in the AC45 class prior to the 34th America's Cup have not had any further action taken against them by Yachting New Zealand.


The two New Zealanders named by the International Jury for the America's Cup were Andrew Walker and Matt Mitchell. They were subject to an investigation under the auspices of their national body Yachting New Zealand.

Under Yachting New Zealand Regulations the national body is required to set up a Hearings Committee and two commissioners Royden Hindle and Richard Brabant, both very experienced lawyers and sailors conducted the Hearing and Investigation process. Neither have been ISAF certified officials.

The report was released by Yachting New Zealand today.

The two Commissioners appointed by Yachting New Zealand are quite critical of the way the Hearings in USA were conducted, citing the asking of leading questions and similar; the procedural decisions made by the America's Cup Jury.

They also question why others identified in the International Jury evidence presented were not also named in their Decision and penalised, specific reference is made to Simon Tienpoint, who the Commissioners say: 'We are troubled by the fact that the ACIJ failed to include an allegation of gross misconduct against Simon Tienpoint.' Adding: '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 resim should not have faced an allegation of serious misconduct under Rule 69 as Bryce Ruthenberg, Andrew Walker, Kyle Langford and Matthew Mitchell did.'

The Commissioners also says it has 'concerns about OTUSA members who had a part to play in the management and control of boat construction and assembly and were in a position of authority including giving directions to shore crew members....'

In the 27 page decision, several excerpts from the previously confidential transcripts of evidence are quoted. Specific reference is made to two other OTUSA crew members by the Hearing Commissioners, they are Piet van Nieuwenhuizen boat captain of Boat 4 and Andrew Henderson 'described by Bryce Ruthenberg as his 'direct manager'. Henderson is also described by Walker as Head of Rigging and the report says was 'the author of a master list, which was printed out and put on the workshop wall at the location where Boat BAR was being assembled.' The report claims that the list contained the line 'fill the kingpost'.

The Commissioners wonder why Henderson was neither interviewed or called as witnessed for the America's Cup Jury, 'nor was he the subject of a Rule 69 allegation'.

The incident blew up several weeks before the start of the 34th America's where several members of America's Cup Defender Oracle Team USA questioned by the International Jury after measurement irregularities were found. Several members of the team were accused of cheating and adverse findings were made against five of those. Six team members were found by the International Jury to be actually implicated in the issue, but one had no further action taken against him.

A total of five instances of boat tampering were identified by the International Jury, in three boats of the AC45 class which was supposed to be one design. Before the America's cup Jury Hearinsg started, Oracle Team USA withdrew both its boats from the four regattas in question, and handed back the trophies. The third boat, ben Ainslie racing did the same.

Two members of the Oracle Team USA were found by the International Jury, from to have lied to the judicial body for the America's Cup. This is a serious matter under the Protocol of the America's Cup which covered both the America's Cup World Series regattas sailed in AC45 wingsailed catamarans, and the America's Cup itself.

The strict one -design AC45’s lined up ahead of the Red Bull Youth America’s Cup, where the boat tampering with Oracle Team USA’s boats was discovered. -  ACEA - Photo Gilles Martin-Raget_©   Click Here to view large photo

The Hearings by the International Jury were conducted during the 34th America's Cup after measuring irregularities were found during scrutineering for the America's Cup Red Bull Youth Series. The America's Cup Jury Hearings took over six weeks to complete. Members of the International Jury came from five countries (AUS, GBR (2), NZL, NED), four were ISAF IJ's, two were lawyers by profession, another a former Magistrate (UK). All had previously sat on at least America's Cup Juries.

The full story on the International Jury announcement on September 3, 2013, just four days before the start of the 34th America's Cup can be read by clicking here

Andrew Walker (NZL) shore team Oracle Team USA -  Oracle Team USA media   Click Here to view large photo
The incidents took place during four rounds of the America's Cup World Series, where one design boat parts were altered by Oracle Team USA members. Those crew belonged to the shore and sailing crew, and the team was penalised two points in the America's Cup itself, meaning that the Defender had to win 11 races to beat the Challenger, Emirates Team NZ who only had to win nine races.

In the end the event went right down to the 19th race and Oracle Team USA won by 9-8 on points.

Three of the crew members named were reported to the National Authorities, being Koninklijk Nederlands Watersport Verbond (the Netherlands national sailing authority or KNWV) and Yachting New Zealand.

Two Australians involved were named by the International Jury. A second wingsail trimmer with Oracle Team USA, Kyle Langford (AUS), was named by the America's Cup Jury, but they took into account his age and inexperience in the America's Cup environment and issued a warning. Langford at just a few days notice took over de Ridder's role on the Defender's AC72 catamaran and did a sterling job. A second Australian Bryce Ruthenberg, a member of the OTUSA shore team was reported to Yachting Australia, but with a recommendation that no further action be taken because of his 'full frank and early admissions'.

Matt Mitchell (USA) sailing team Oracle Tram USA -  Oracle Team USA media   Click Here to view large photo
Dutch sailor, Oracle Team USA's wingsail trimmer, Dirk de Ridder was not penalised further by their Appeals body (the Zeilraad), however because he was also reported by the America's Cup Jury to International Sailing Federation, de Ridder had a further Hearing conducted by the world body for the sport. De Ridder was also excluded from the whole of the 34th America's Cup, by the International Jury.

The ISAF Review Panel is believed to have subsequently made an adverse finding against de Ridder, which is subject to Appeal and no formal decision has been publicly issued. The report on the decision by the Zeilraad can be read by clicking here

Like Kyle Langford, Mitchell was also recommended for no further action by the America's Cup Jury, but he was suspended for four races of the series. He was on the water each day of racing.

In its decision the Hearings Committee recommended that no further action be taken against Mitchell and Walker. The Commissioners also expressed 'very significant reservations' about the International Jury findings as to the responsibility for carrying out work on the kingpost of two of the AC45's. The Commissioners claimed that the instruction to add the weight was added to the kingpost on the instruction of a senior member of the sailing team for one of the Oracle Team USA boats.

In Mitchell's case while he admitted knowing that the kingpost felt heavy when he picked it up, the Hearing Committee felt that was not in itself grounds to warrant further action by Yachting New Zealand

It will be up to the ISAF as to whether they conduct a further investigation into one or both cases. The world body has the ability to suspend a sailor from participation in yacht racing for life, if a serious offence, but two year penalties are common and have penalties have gone to five years.

The full report of the Hearings Committee is as follows:



by Richard Gladwell/Sail-World.com/nz


  

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

http://www.sail-world.com/index.cfm?nid=120957

2:08 AM Thu 10 Apr 2014GMT


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:

03 Apr 2014  34th America's Cup: A Match of three weeks - Part 3 - Under the Pump
01 Apr 2014  34th America's Cup: A Match of three weeks - Part 1 - Regaining time
08 Mar 2014  Fast foils-a conversation with Paul Bieker, part two
03 Mar 2014  America's Cup- Fast foils-a conversation with Paul Bieker, part I
19 Jan 2014  America's Cup: CNN Mainsail Down Under on the state of the Cup
16 Jan 2014  America's Cup: Jobson goes one on one with Jimmy Spithill (Part 5)
15 Jan 2014  America's Cup: Jobson goes one on one with Jimmy Spithill (Part 4)
14 Jan 2014  America's Cup: Jobson goes one on one with Jimmy Spithill (Part 3)
12 Jan 2014  America's Cup: Jobson One on One with Spithill (Part 2)
11 Jan 2014  America's Cup:Gary Jobson goes One on One with Jimmy Spithill
MORE STORIES ...






News - USA and the World

Volvo Ocean Race: Fleet charges the door of the Doldrums Casino *Feature by Richard Gladwell/Sail-World.com/nz
The Volvo Ocean Race has lifted intensity again on Day 9 with the fleet spread across 100nm of ocean and charging in a line for the turning point of Fernando de Noronha, 220nm off the Brazilian coast. ... [more]  

The first eight days of the 2014-15 Volvo Ocean Race have been filled with more excitement and tighter racing than anyone could have anticipated. Up until Saturday morning, Leg One has left the fleet with few tactical options and therefore has kept everyone tightly packed as one unit of seven boats. ... [more]  

As expected the third day of the 2014 La Torche PWA Grand Slam proved to be a quiet affair with very light winds throughout the day. After a chilly and overcast start, the sun eventually broke through to produce another beautiful afternoon in La Torche. ... [more]  

Volvo Ocean Race 2014-15. The sun’s out. It’s warm – not too hot, but warm enough for just a tee shirt. Ian Walker is stood at the helm of his Emirati boat, generous Atlantic trade winds whistling past his ears. 'We’re going straight through,' he claims, confidently. 'What Doldrums? - they’re going to say. Azzam isn’t even going to slow down.' ... [more]  

At 1700 CET in the Rolex Middle Sea Race, 113 yachts had rounded Stromboli, the active volcano that marks the most northerly point of the course. Race leader on the water, Esimit Europa 2, was less than 20 miles from Favignana and preparing to turn south with 289 miles to go and is expected to finish the race in the early hours of Wednesday 22 October, which would be well outside the course record ... [more]  

It is with great pleasure that the Star Sailors League announces that two more top Brazilian sailors will be joining the fleet of 20 super-champions taking part in the Star Sailors League Finals 2014 being held for the second consecutive year at Nassau Yacht Club in the Bahamas between December 1st and 7th. ... [more]  

Volvo Ocean Race 2014-15, Day Nine onboard Team Alvimedica. It’s hard to explain the complexity of the weather in this part of the world. No computer model or forecaster can accurately predict the winds because the air here is dry and warm, 23c now, and the typical barometric pressure gradients that generate them become very weak. ... [more]  

Volvo Ocean Race 2014-15, Day Nine onboard Team SCA. We’re a boat on a mission: catch the fleet. And they’re getting closer by the mile. The first time I sailed past Cape Verde islands was in 2010 when I was helping deliver a catamaran from Gibraltar to Antigua, W.I. ... [more]  

Thailand bids for 2016 IODA ‘Optimist’ World Championships by Jordan Rumsby, Royal Varuna Yacht Club
Pattaya's Royal Varuna Yacht Club has submitted a bid to host the 2016 International Optimist Dinghy Association World Championships, offering the world's most talented junior sailing teams a chance to experience the steady wind, sunshine, smiles, great food, and family-friendly attractions of Thailand's top dinghy sailing destination ... [more]  

Photographer Ellen Hoke was on the water at the Farr 40 Worlds sailed from the St Francis Yacht Club, San Francisco, and provided this second gallery of images from the Final Day - Day 4 Prizegiving ... [more]  

Bill Green - builder and sailor passes on by Malcolm McKeag, Scuttlebutt Europe, Lymington, England:
Bill Green, San Francisco-born sailor, Navy jet jockey (not a lot of people know that); US Coastguard; shrimp-boat hand (not a lot of people know that either); One Ton Cup winner and most latterly proprietor of Green Marine slipped quietly away from this life ... [more]  

Tom Burton (AUS) retained World #1 in the Laser after a tremendous fight back at ISAF Sailing World Cup Qingdao where he picked up bronze. The Australia had a tough opening day, finishing down the pack in both races but as the week progressed he worked his way up and sealed bronze on the final day to keep hold of World #1. ... [more]  

Photographer Ellen Hoke was on the water at the Farr 40 Worlds sailed from the St Francis Yacht Club, San Francisco, and provided this gallery of images from the Final Day - Day 4 ... [more]  

Photographer Ellen Hoke was on the water at the Farr 40 Worlds sailed from the St Francis Yacht Club, San Francisco, and provided this gallery of images from Day 2 ... [more]  

Rolex Middle Sea Race 2014 - A hard day's night by Media Royal Malta Yacht Club
Rolex Middle Sea Race - As high pressure moved in from the north, the area around Stromboli had virtually no gradient wind and for those yachts yet to reach Stromboli, a south flowing current has slowed proceedings even further. For the competitive offshore yacht racer, performing well in light wind is more difficult than blasting through a storm at top speed. ... [more]  

34th Student Yachting World Cup - France knew today its best day since the beginning of the competition. They spent the two races at the very first positions, even rivaling with the ultra-dominant English team. They showed today an astounding panache, and can now hope to improve their ranking before the end of the SYWoC. ... [more]  

The Chinese entry Donfeng Race Team, has lost her lead on Day 9 of the Volvo Ocean Race, with boats on the east and western side of the course threatening. Two hours before the most recent sked at 0640hrs UTC, Dongfeng was still being listed by Volvo Ocean Race as the leader. But Team Brunel is now listed as the leader, but on a time taken projection basis, Team Brunel is fifth. ... [more]  

Flying Dreams is a movie directed by the talented Elsa Blayau is an ode to ocean, water sports and femininity. Based on an original idea from Alex Udin, Elsa Blayau transformed the project to a complete story and brought it to reality with this realization. ... [more]  

The 70th running of the Cruising Yacht Club of Australia’s annual Rolex Sydney Hobart Yacht Race is living up to expectation with 98 high-calibre entries received so far, from Sean Langman’s 1932 built Maluka of Kermandie, the oldest and smallest boat at nine metres, to the super maxis. The most talked about boat though, is the Verdier Yacht Design and Vplp 100 footer, Comanche. ... [more]  

Volvo Ocean Race: Blogs from the Boats - Leg 1, Day 8 plus Videos *Feature by Richard Gladwell/Sail-World.nz/com
Several of the On Board Reporters aboard, provide their unique views of Leg 1, Day 8 of the Volvo Ocean Race - in text, images and video. Catch a birthday at sea on board Team Brunel, and unravel the fishing net with Team SCA Hear and see how the crews coped with the front that came through in the nigh ... [more]  

Shala Youngerman and her team from Southwestern Yacht Club won the 23rd annual Linda Elias Memorial Women’s One-Design Challenge Sunday in this two-day fleet race regatta organized and sponsored by the Long Beach/Los Angeles Women’s Sailing Association and hosted by Long Beach Yacht Club. ... [more]  

After three days of racing in the Valparaíso bay, the Santander team was crowned champion of the Off Valparaíso Race, first stage of the Soto 40 South American Tour that was held in the Yacht Club de Chile with the participation of eight boats. ... [more]  

Day two of the La Torche PWA Grand Slam saw the glorious golden sunshine continue together with the waves, but unfortunately the wind remained absent again. To keep the crowds entertained Jules Denel (JP / NeilPryde) and birthday boy - Antoine Martin (JP / NeilPryde) - attempted a bit of wave tow-in with varying degrees of success, as Antoine Albeau (RRD / NeilPryde) took control of the jet ski. ... [more]  

Volvo Ocean Race: Dongfeng consolidates lead on Day 8 *Feature by Richard Gladwell, Sail-World.com/nz
After cutting between the Cape Verde islands, separating from the rest of the Volvo Ocean Race fleet, Chinese entry, Dongfeng gained an initial significant lead, which they are in the process of consolidating. One routing option for the then race leader Abu Dhabi Ocean Racing, gave the team the option of cutting inside the island group, they are close to the optimum course for Fernando off Brazil ... [more]  

RS:X Youth World Championships - All set for Clearwater action by RS:X Olympic Windsurfing Class Association
Mild, breezy weather, temperate Gulf of Mexico waters and wide bands of sugar white sand - this is the place where 2014 RS:X Youth World Windsurfing Championship racing is about to start. 'Clearwater Beach is the perfect spot to play host to the young windsurfers gathering here from around the world for international competition', says Frank Chivas. ... [more]  

The first 24 hours of the Rolex Middle Sea Race has seen the fleet progress slowly up the eastern seaboard of Sicily towards the Strait of Messina. By 16.00 on day two, a mere ten per cent of the competition had passed through the Strait and started the leg to Stromboli, where they will turn west towards the Egadi Islands. ... [more]  

Volvo Ocean Race 2014-15 - If only it were that easy. Amazingly we did manage to replace the rudder and regain first position amongst the fleet however just hours afterwards, navigator Pascal Bidégorry was faced with an important strategic decision. ... [more]  

Ian Moore, navigator on Cookson 50, Mascalzone Latino, is no stranger to the Rolex Middle Sea Race, this is his fourth and Ian was part of the winning crew on Bryon Ehrhart's TP52, Lucky in 2010. Ian describes the tactical nuances of the first night at sea. ... [more]  

Top videographer and photographer, John Navas, was on the water for the final day of the Farr 40 Worlds being sailed on San Francisco. ... [more]  

The brilliant conditions of last week’s opening race of the season were duplicated today when the Australian 18 Footers League’s Major A. Frizelle Trophy race was sailed in a 20–knot North East wind on Sydney Harbour. Current JJ Giltinan champion Gotta Love It 7 team of Seve Jarvin, Sam Newton and Scott Babbage showed why they are the world’s best team. ... [more]  

Volvo Ocean Race - The fleet has finally left the West African Coast. They are now in the trade winds, making the westerly course across the Atlantic Ocean to FernandoThey will find the Cape Verde Islands in the way and that will cause some issues of navigation. ... [more]  

2014 ISAF Sailing World Cup Qingdao - It was a light wind, big wave finish at ISAF Sailing World Cup Qingdao as the medallists were decided across the six fleets competing on the waters of the Beijing 2008 Olympic Sailing Competition. ... [more]  

2014 Rolex Farr 40 World Championship - In life, timing is everything. And, after seven years in the Farr 40 class, the timing was right for New York financier Alex Roepers to achieve a long-held goal of winning the Rolex Farr 40 World Championship. ... [more]  

Coast Guard rescues two near Wachapreague
2014 Off Valparaíso Race - Day 2
La Torche PWA Grand Slam - Massive swell on day 1
Volvo Ocean Race: Welcome to Al's Ocean Cafe
Argo Group Gold Cup survives Hurricane Gonzalo
Volvo Ocean Race: Dongfeng regains lead after incident packed Day 7 *Feature
Volvo Ocean Race: Dramatic video of Dongfeng rudder replacement
Volvo Ocean Race - Team Alvimedica bounces back
Volvo Ocean Race - Team SCA expecting the expected + Video
Rolex Middle Sea Race - New record for Mediterranean classic
ISAF Sailing World Cup Qingdao - Medallists decided across six fleets
Volvo Ocean Race - Impressive turnaround for Dongfeng Race Team +Video
Volvo Ocean Race: Race closer than leaderboard suggests - Leg 1, Day 6
Volvo Ocean Race: Dongfeng Race Team break rudder after collision
2014 Rolex Farr 40 World Championship - Famous breeze frustrates
2014 Off Valparaíso Race - Day 1
Sunfish World Championship - Victory for Argentina's Francisco Renna
Volvo Ocean Race - Feeling the pressure six days in
Volvo Ocean Race - Alvimedica cautiously cruising down coast of Africa
Volvo Ocean Race - Team Brunel still within striking distance
Volvo Ocean Race - Testing times for Team SCA + Video   
Beijing 2008 Olympic legacy lives on in Qingdao + Video   
La Torche PWA Grand Slam - A return nearly 20 years in the making   
ISAF Sailing World Cup Qingdao - Game on for remaining fleets   
Farr 40 Worlds: Day 2 Image and Video gallery *Feature   
Day 5 of the Chris Benz Lüderitz Speed Challenge: 4 more records!   
Volvo Ocean Race: Coastal racing at its best - Leg 1, Day 5   
Chris Poole new number one Open Match Racer in U.S.   
Rolex Farr 40 World Champs - Plenty leads as Struntje Light impresses   
2014 Soto 40 South American Tour - Back in action   
Volvo Ocean Race - Mail arrival brings excitement for Team SCA + Video   
Volvo Ocean Race - Jens Dolmer getting restless onboard Team Brunel   
Volvo Ocean Race - Too close for comfort as fleet pushes on + Video   
Foils or not? Explanations from IMOCA Class President Jean Kerhoas   
Ben Ainslie's Olympic Finn sails are up for auction   
Volvo Ocean Race - Team Alvimedica goes to school   
Volvo Ocean Race - Intensity level rises for Dongfeng Race Team   
China Cup Regatta - Olympic medallists and offshore legends to race   
St. Barth Cata Cup - Friendly US rivalry on the Island   
ISAF Sailing World Cup Qingdao - Tight and tactical racing + 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