'For the Record- Fred Meyer' + 'SNG tries to re-write the rules again'

by SNG Media; GGYC Media on 29 Jan 2010
In the latest round of 'You said; Oh no I didn't', America's Cup Defender Societe Nautique de Geneve's Vice-commodore, Fred Meyer, comments on Challenger Golden Gate Yacht Club's previous statements on Court actions, and Golden Gate Yacht Club later responded:

Fred Meyer: 'The latest flurry of legal documents and public statements from Larry Ellison’s Golden Gate Yacht Club further demonstrates his overriding ambition of winning the America’s Cup without racing for it on the water. Not only is BMW Oracle pursuing its ninth attempt to disqualify the Swiss Defender through a New York court with a skewed interpretation of the Deed of Gift, but they have also intensified their legal campaign on another front.

BMW Oracle is determined to angle the America’s Cup competition in its favour, this time through a four-point redress to the International America’s Cup Jury on rules set out in the Notice of Race and the Sailing Instructions issued by SNG for the 33rd America’s Cup. The challenger has still not comprehended that what it has forced is a 'Deed of Gift Match'. There is no Mutual Consent – even the New York Supreme Court has told them that the rules are those of the defending yacht club, a fact stated very clearly in the Deed of Gift itself.

To address Tom Ehman’s attacks on the legality of Alinghi’s sails: history and facts support SNG’s interpretation of the Deed of Gift’s ‘constructed in country’ requirements as recently declared by American historian, John Rousmaniere: 'Unlike hulls, sails were not regarded as subject to nationality restrictions – not by sailors, not by sailmakers, and not by the donors and the trustee New York Yacht Club.'

We have been clear: if BMW Oracle succeeds in disqualifying the Defender’s sails then there will be no Match, Russell Coutts will have won the America’s Cup for Larry Ellison without sailing. An irony unto itself given Russell’s use of 3DL sails on every AC team he has raced with since 1995; New Zealand, Switzerland and now the USA.

As further example of their double standards, BMW Oracle are attempting to circumvent the ‘Trash Disposal and Environmental Protection’ rule in the Sailing Instructions to continue to freely pollute the waters of Valencia by discharging a cocktail of chemicals under their hulls to make their boat go faster. SNG insists that both competitors respect Spanish waters as they do their home waters.

And while we are setting the record straight, their claim of a ‘Singapore Agreement’ is pure fabrication. The signatures that Tom Ehman has been flaunting were on an early draft that was discarded and subsequently developed on before BMW Oracle aborted the meeting by suing our club for a ninth time.

SNG remains determined that the winner of the America’s Cup will be decided on the race course and not ashore. We will see you on the start line on the 8 February.'

A few hours later Golden Gate yacht club responded with the following comments:

BMW ORACLE Racing is employing a variety of environmentally-safe friction-reduction technologies.

'Our hulls are more slippery and, therefore, move more efficiently through the water than ever before,' said design team member Manolo Ruiz de Elvira (ESP).

The only decision – out of fourteen – that Société Nautique de Genève has won in the New York Supreme Court was to have Racing Rules 49-54 deleted from America’s Cup racing for the first time ever. This not only permitted the yachts to use an engine to replace manual power, but skin friction reduction systems,
previously banned, are now allowed.

'We are not going to say exactly what systems and technologies we are using on our trimaran, but I can assure you they make an already fast boat even faster,' Ruiz de Elvira said. 'Our design team has found the ultimate solution – fast and green.

SNG’s blatant attempt to reverse the Court’s ruling permitting friction reduction systems, which the Swiss themselves fought for, is now in the hands of the International Jury at the request of GGYC.'

Sail-World notes: Although GGYC have protested to the International Jury over the 're-introduction' of RRS 53 through the Sailing Instructions, they have not disclosed exactly what they wish to discharge, and it is inconceivable that any sailor would want to exhaust anything into the environment other than sea water and air.

While SNG may complain about their possible disqualification by the New York Supreme Court or International Jury over the Construction in Country issue. Golden Gate Yacht Club are also, albeit not equally, vulnerable. Further SNG had the solution to all legal issues surrounding the 33rd America's Cup by signing Singapore Agreement, which for reasons, not yet disclosed, they elected not to do.

While it is correct that Version 8 of the Singapore Agreement,signed by the International Sailing Federation and BMW Oracle Racing/GGYC, was not the final version. According to Sail-World's information, the ISAF's David Kellett had to leave for the airport, and signed the latest available draft, GGYC/BMWOR's representatives did the same. Neither SNG/Alinghi representative was present, although SW understands that SNG's Hamish Ross did return later, but did not sign any draft version.

If you're confused, so are we!