sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery
Sail-World.com : Gladwell's Line: Official boilover will only heighten protest tensions
Gladwell's Line: Official boilover will only heighten protest tensions


'America’s Cup Events Authority COO, Stephen Barclay, on stage at the 34th America’s Cup - Opening Day at America’s Cup Park'    Gilles Martin-Raget: AmericasCup©    Click Here to view large photo

America's Cup COO, Stephen Barclay has all but assured that Italy's Luna Rossa will not take part in the opening race of the Louis Vuitton Cup, with a statement calling the Italian's position 'unprincipled'.

In a statement on the americascup.com website, Barclay decried the position advanced by Max Sirena, the Luna Rossa skipper.

'We’re extremely disappointed by this,' said America’s Cup Chief Executive Stephen Barclay. 'First and foremost, this is an affront to the fans who’ve been waiting three and half years for the first race.'

Massimiliano (Max) Sirena - Skipper Luna Rossa -  Carlo Borlenghi/LUNA ROSSA   Click Here to view large photo
'What everyone will struggle to understand is Sirena saying he’s taking his stance on principle,' added Barclay. 'This is the most unprincipled action I can think of because Luna Rossa’s case is before the Jury. There is no reason not to compete, not to try and put the first score of the regatta on the board.

'This gesture has no merit, will not get any sympathy and hurts fans, the other teams, their partners and guests, the city of San Francisco and all our stakeholders too,' Barclay continued.

'I urge Sirena to race. Having the Italian boat on the start line on Sunday is best for everyone, including Luna Rossa.'

Max Sirena maintained his consistent stance at the opening Skippers’ Press Conference that his team might not take part in Sunday’s first scheduled race of the Louis Vuitton Cup until the International Jury hears its complaint about the Safety Rules.

The Italian skipper said he would decide on Saturday whether to race or not.

There should be absolutely no doubt that Sirena's stance is backed by Team Principal Patrizo Bertelli, who has extremely strong views on fair play, and working within the America's Cup rules, and will back those first principles up with actions.

Patrizio Bertelli (centre) stands with his team at the Luna Rossa Press Conference in Alameda-San Francisco on May 18, when he confirmed his stance that the America’s cup must be conducted under the rules on which Luna Rossa entered. -  Luna Rossa / Carlo Borlenghi  
The International Jury is scheduled to meet on Monday, to consider protests over the safety recommendations introduced by Regatta Director Iain Murray, and the fact that several of these alter AC72 Class Rules without following the processes prescribed in the Protocol. The Regatta Director believes that he can do that invoking a clause in the Protocol requiring teams to comply with local regulations. The aggrieved teams believe that is a complete misinterpretation of the clause.

The Italian stance comes as little surprise to many Cup insiders. Luna Rossa's Team Principal Patrizio Bertelli has long taken the stance that the regatta will take place according to the rules, as they were when Luna Rossa entered or they will not race.

That means that any Class Rule changes have to go through the process prescribed by the Protocol and obtain the unanimous vote of all teams. That has not happened.

Further the Regatta Director had the opportunity in late May when he would have become aware that the teams were not signing off on the specific Rule changes he had drafted (as opposed to the Recommendations), and at that point should have handed the matter over to the International Jury for Mediation and then a full Hearing if Mediation was not possible to effect a resolution.

Instead Murray chose to attach his 37 Recommendations to the event Permit application to the US Coast Guard, only once that was well in process did he institute the Mediation process.

Mr Bertelli speaks to the press at the ACWS in Naples Italy at the ACWS after his team wins in Naples -  Linda Wright©   Click Here to view large photo
The process he adopted clearly set the scene that if the teams did not agree with the Recommendations and their changes to the Class Rules, then a Catch 22 situation was established, where US Coast Guard through its issuance of the Permit could dictate the Class Rules outcome anyway.

That situation is unprecedented in the America's Cup.

Holding a Hearing after a boat has raced over a measurement issue is equally unusual, in that if the boat were to race out of class she would risk being disqualified (which won't happen in this situation). But a boat does weaken her case, by showing in a race that the point of which she is protesting has little real consequence. So on the latter grounds the Italian stance is understandable, as they do not wish to undermine their own argument.

As Emirates Team New Zealand noted yesterday the Jury Rules of Procedure prohibit Parties making public comment about matters before the Jury. Certainly the Regatta Director is one of those parties. He should not have taken the stance and made the comments that he did in his media conference if he was to stay within the Jury's dictates.

Stephen Barclay, in his role of COO of the Events Authority is in a similar position to Murray.

While both can claim that they are working for bodies that are independent of the Defender, In terms of the Deed of Gift, the 19th century document that governs the America's Cup, the Defender, in this case Golden Gate Yacht Club has two functions in that it must mount a Defence - which it does through its racing arm, Oracle Team USA. And it must organise the Match, which GGYC as the America's Cup Trustee (or current Holder of the America's Cup) does through the two commercial bodies it has established America's Cup Regatta Management, headed by Iain Murray, which handles all the water based activities of the America's Cup Regatta. America's Cup Events Authority, headed by Stephen Barclay and responsible for all shore based and commercial activities associated with the Regatta.

The Protocol for the 34th America's Cup did set up Neutral Management and did require ACEA and ACRM (and other parties) 'to act in the best interests of all Competitively' and to 'not unreasonably favor the interests of any Competitor over another'.

Luna Rossa testing in the final practice session, July 3, 2013 -  John Navas   Click Here to view large photo
That was all done under the Mutual Consent provisions of the Deed of Gift, and is an innovation for this America's Cup. It was also one of the first principle of the Defence espoused by Larry Ellison owners of then Oracle BMW Racing when his team and the GGYC won the 33rd America's Cup.

But in terms of the Deed of Gift, GGYC cannot stand aside from its responsibilities as the Cup Trustee, and ultimately must properly discharge those, if the matter went to a higher authority. All that is a bridge too far, at this point of the current America's Cup ruckus.

The silence of the Cup Trustee in this matter, to date, has surprised some.

Now, is a time for cool heads. A time for little to be said, and certainly not anything that will inflame a tense situation. And a time for respect of the Jury hearing that will take place on Monday, local time.

Barclay's comments should have been along the lines, that while he regretted the stance being undertaken by Luna Rossa, he respected their decision and looked forward the Jury Hearing.

His boilover in his published statement, was not helpful, and surprising, in a difficult situation.

Article 60 of the Protocol entitled Protecting the Reputation of the America's Cup, the so-called Dalton Clause, applies equally to the Competitors as well as Officials, but so far there is no indication of whether a complaint will be made under this provision.

Ironically, AC72 sailing and the Parade of Sail was cancelled in San Francisco today due to string winds.

Post script: It is now being reported in New Zealand that Luna Rossa skipper Max Sirena has advised Emirates Team New Zealand Grinder/MD Grant Dalton in a phone call that the Italian team will not start tomorrows' race. Emirates Team NZ have issued a statement that they are prepared to race, even if it means sailing the course alone to earn the first points of the Regatta.


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=111626

9:02 PM Fri 5 Jul 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:

06 Jul 2013  America's Cup: Press conference and parade images by Carlo Borlenghi
06 Jul 2013  America's Cup: Cayard claims Artemis excluded under rudder rules
05 Jul 2013  America's Cup: Images from the Opening Ceremony
05 Jul 2013  America's Cup: Opening ceremony pulls thousands of San Francisco fans
05 Jul 2013  America's Cup: Final Practice Session on the Bay - Am-Cam Video
05 Jul 2013  Queen's Counsel latest inductee into America's Cup Hall of Blame
04 Jul 2013  America's Cup: Images from the Oracle Team USA base tour plus Video
04 Jul 2013  America's Cup: Iain Murray sets record straight on protests
04 Jul 2013  America's Cup: Emirates Team NZ surprised at Regatta Director comments
04 Jul 2013  Americas Cup: High Noon at the America's Cup Corral
MORE STORIES ...






News - USA and the World

The Australian supermaxi Perpetual Loyal has been forced to retire from the 2014 Rolex Sydney Hobart Race, with hull damage. The news came in a regular radio sked with race organisers, little detail was available, however it is understood that she has some hull delamination, probably arising from pounding though big seas and 25-30kt winds for the first day and night of the race. ... [more]  

For the last 18 hours, there has been never more than three nautical miles between the new kids on the block, Jim Clark and Kristy Hinze Clark's Comanche with Ken Read skippering the boat with distinction and the Bob Oatley's Wild Oats XI. Mark Richard's who was blown away by Comanche's reaching speed inside the harbour has been hunting the race leader relentlessly as the two boats beat south. ... [more]  

Clouds outlines what he is expecting to see in the race, and says that while the big boats will take all the attention in the early stages of the race, the weather is against them as the race progresses. The smaller boats will come surfing in a fresh northerly, while the front-runners cope with light winds on their final approach to the finish on the Derwent. ... [more]  

Sail-World is now running live in the changed website format. If you are running on a Mac with iOS please scroll to the bottom of the site and check that your region is set for your region and not some other. It can be correctly set up using the drop down boxes. Then go to the top, click refresh, and you should be away. ... [more]  

Rolex Sydney Hobart: Comanche leads in softening morning breeze *Feature by Richard Gladwell, Sail-World.com/nz
The US supermaxi Comanche (Jim & Kirsty Clark) continues to enjoy a small lead at the head of the Rolex Sydney Hobart fleet. As the race enters its second day, organisers told Sail-World at 6.00am local time that the fleet was experiencing SW winds of 12-13kts and that these would ease further during the day. ... [more]  

Rolex Sydney Hobart; Supermaxi Race Start VIDEO *Feature by Dale Lorimer, Sydney
The start of the Sydney to Hobart Yacht Race saw the five 100 foot super maxis up against each other for the first time. ... [more]  

Rolex Sydney to Hobart: Replay video coverage on Sail-World *Feature by Richard Gladwell/Sail-World.com/nz
Replay of the start of the 2014 Rolex Sydney to Hobart Race. The fleet is expected to experience fresh to strong headwinds for the start and first 24 hours, although winds will moderate towards the end of this period. ... [more]  

Will Comanche take a scalp? by Rob Kothe and the Sail-World Team
After blasting off the startline earlier today, Jim Clark's Comanche continues to hold the lead in the 2014 Rolex Sydney Hobart race eight hours into the race. ... [more]  

A stiff southerly is testing the boats and sailors on the first afternoon of the 2014 Rolex Sydney Hobart and by late afternoon, four yachts had retired from the Cruising Yacht Club of Australia’s annual race. The first casualties of the race were Tina of Melbourne, forced out because of hull damage and Bear Necessity with a damaged rudder, just two hours into the race. ... [more]  

2014 Rolex Sydney Hobart Yacht Race: The 117 competing yachts, including five 100-foot Maxis, represents the race’s largest number of starters since 1994. Of the five Maxis, Jim Clark’s Comanche (USA) made the early gains in the race’s 70th edition, reaching the first mark in record time and setting a blistering pace. Seven-time line honours winner Wild Oats XI was in close pursuit. ... [more]  

Rolex Sydney Hobart Yacht Race 2014: A memorable edition of the 628-nm race appears certain, with the contest between the fleet’s five Maxi yachts living up to the pre-race hype. At 8:00pm local time, Comanche leads seven-time line honours winner Wild Oats XI by one nautical mile, with Anthony Bell’s Perpetual Loyal and Syd Fischer’s Ragamuffin 100 just a few miles behind the leading duo. ... [more]  

Top international photographers, Carlo Borlenghi and Daniel Forster were on the water, and in the air, for the start of the 70th edition of the Rolex Sydney Hobart Race. Here is a selection of their images of the day. ... [more]  

Rolex Sydney Hobart Yacht Race 2014 - Start photos by Andrea Francolini. ... [more]  

Comanche skipper Ken Read was in fine form in this video interview. He says On the first night, will there will be too much upwind to be able to send it? It absolutey plays on my mind as the skipper this boat is untested. We’re completely cutting edge, and when it's cutting edge it’s a Formula 1 race car that blows up its engine on the first lap. ... [more]  

Rolex Sydney Hobart Yacht Race: Brad Kellett, Brindabella’s sailing master, reported that while he was doing his regular checks this evening he discovered larger than normal quantities of water in the bottom of the boat, found to be coming from damaged rudder bearings. 'We were just coming into our own after a risky tactical decision to go offshore paid off,' a disappointed Kellett said. ... [more]  

Rolex Sydney Hobart Yacht Race - Day 1 start images by photographer Carlo Borlenghi ... [more]  

One of the largest fleets in many years started the 70th Rolex Sydney Hobart Yacht Race today in a building southerly and in bright sunshine. There seemed to be some mind games going on amongst the super maxis during the pre race dry runs as each in turn put in a single reef in the 30 minutes before the start. Possibly there was some tossing of the coin as to whether it was ... [more]  

Rolex Sydney Hobart Yacht Race 2014 - Tony Cable just keeps going on. Last year he finished his 48th Sydney Hobart, setting a record for the number of races by an individual - this year it is number 49 - 49 not out, just one off the half ton! ... [more]  

Rolex Sydney Hobart Yacht Race: Designed for fast broad reaching, the 15 knot plus south-easterly breeze on the harbour was made to order for the big red and black hulled yacht owned by American Jim Clark and his Australian wife, Kristy. After a brilliant start slightly ahead and to leeward of Wild Oats XI, Comanche swiftly unfurled her giant spinnaker and took off, quickly ‘rolling the Oats’. ... [more]  

America’s Cup winning skipper Jimmy Spithill could well be the most overqualified grinder you’ll see in action in the Cruising Yacht Club of Australia’s Rolex Sydney Hobart start line today. 'He’s been a wonderful team player and literally in the pre-start you’re going to see him grinding, he said he’d do whatever it takes, and he’s lived up to that,' Comanche skipper Ken Read said. ... [more]  

Expect a spectacular and very fast start down Sydney Harbour in the Rolex Sydney Hobart Yacht Race this year. At the final briefing for crews at the Cruising Yacht Club of Australia this morning, the Bureau of Meteorology’s Andrew Treloar told the sailors that a southerly front is expected to move through Sydney about an hour before race start. ... [more]  

Chicken pies, the gooseneck and the voodoo stick were the last items to be ticked off today in Wild Oats XI’s preparation for a record-breaking bid in the Rolex Sydney Hobart race, which starts on Sydney Harbour at 1pm tomorrow. ... [more]  

The 2014 Rolex Sydney Hobart coverage will go live at 0800 AEST with interviews, but will play the promo until then. ... [more]  

In the media scrum for interviews with the skippers and owners of the five super maxis that followed a short press conference at the CYCA on Christmas Eve, anyone from outside the yachting scene might not have noticed one of the world’s finest sailors and circumnavigators standing quietly to one side chatting with Iain Murray and Steve Jarvin ... [more]  

America’s Cup winning skipper Jimmy Spithill could well be the most overqualified grinder you’ll see in action in the Cruising Yacht Club of Australia’s Rolex Sydney Hobart start line today. 'He’s been a wonderful team player and literally in the pre-start you’re going to see him grinding, he said he’d do whatever it takes, and he’s lived up to that,' Comanche skipper Ken Read said. ... [more]  

When most would have been sitting down for Christmas lunch the Wild Oats XI team were to be seen out on Sydney Harbour testing their new - and appropriately named - gooseneck, that replaces the one that failed when out training earlier in the week. In a puffy nor'easter Wild Oats XI headed to Manly on the wind, swung around close to the Manly East mark and headed back down the harbour for home. ... [more]  

Rolex Sydney Hobart Yacht Race 2014 - The Weather Gate *Feature by John Curnow and Rob Kothe, Sydney
In order to win this iconic ocean race,on handicap, there are three things you absolutely need to have accomplished. Two you can do something about, whereas the third is entirely out of your control. ... [more]  

For Christmas a Shiny new Sail-World.com *Feature by Brendan Maxwell
Santa’s elves started on January 7th 2014 building a set of shiny new Sail-World.com websites and just minutes before Christmas morning in one of Santa’s first touch downs Auckland New Zealand , TetraMedia General Manager Jedda Murphy flicked the switch on the dedicated TetraMeda servers in Frankfurt Germany to take almost all our world-wide audience to the new Sail-World sites. ... [more]  

Professor Pat Pending had the most amazing Convert-a-Car in the 60s cartoon series, the Wacky Races. It could do just about anything. Come Boxing Day and the start of the 70th Sydney-Hobart, some may well wish they had a Convert-a-Boat. Being a hundred feet at the start would be cool. You get away off your own line and in clear breeze. You’re also well inside the rulebook. ... [more]  

Few Americans have won more sailboat races than Ken Read, 53, the President of North Sails . Read is skipper of Comanche, Jim and Kristy Clark’s new 100-fooer, one of five that will be lining up on the startline of the Sydney to Hobart. I caught up with Read some 48 hours before the start to get his pulse on the race, Comanche, and the adventure that lies ahead, en route to Hobart. ... [more]  

The skippers of the five 100 foot super maxis battling for Line Honours in the Rolex Sydney Hobart Yacht Race speak about the boats, the weather and their expectations. ... [more]  

For sure Christmas is upon the 16 skippers of the Barcelona World Race, but the way they enjoy it or deal with it will be different from team to team, and skipper to skipper. But for everyone the thoughts of the 31st December start, and what lies ahead for the coming three months, are impossible to suppress. Even on Christmas Day. ... [more]  

Volvo Ocean Race: Team Vestas Wind recovery video *Feature by Richard Gladwell/Sail-World.com/nz
Three and a half minute video of the Team Vestas Wind recovery operation from the reef at St Brandon. The Volvo Ocean Racer struck the reef on November 29, just after nightfall breaking off both rudders, she also ;ost a considerable part of her stern section. ... [more]  

Rolex Sydney Hobart Yacht Race 2014 - Another great journey south
Sydney Hobart - Ragamuffin's David Witt explains deck failure + Video
Wild Oats XI - Damage drama in lead-up to Sydney Hobart Race
Rolex Sydney Hobart Yacht Race images by Photographer Carlo Borlenghi
Five faces behind the 100ft super maxis by Andrea Francolini
2014 Rolex Sydney Hobart Yacht Race - Everyone's in with a chance
Comanche Designers talk before Sydney Hobart
Olympic Sailing Waters - Rio de Janeiro
St. Maarten Heineken Regatta - Holiday gifts for a range of entries!
2014 Rolex Sydney Hobart Yacht Race - To Hobart in Style
Rolex Sydney Hobart Race: Ken Read's notes on Comanche
Rolex Sydney Hobart: Rio 100 - A supermaxi is reborn + Video *Feature
Volvo Ocean Race: Video of Team Vestas Wind being removed from reef
St. Maarten Heineken Regatta - Holiday gifts for a range of entries!
Entries open for 2015 ORC Championship events
Rolex Sydney Hobart - Levelling the playing field
Rolex Sydney Hobart Yacht Race video preview
Rolex Sydney Hobart Yacht Race - It's a Woman’s world too
Moth Worlds – Looping the loop *Feature
Miami Winter Series - M32 racing gets underway
Rio 2016 - Super-bugs found in Rio sailing waters   
Building the bridge from Optimist to Laser and beyond – with Byte C1 *Feature   
Kieler Woche - Notices of Race published – entry systems are now open   
Adventures of a Sailor Girl: News and interviews from December 22 show   
RORC Transatlantic 2014 Race Lanzarote-Grenada - Overall report   
Volvo Ocean Race: Team Vestas Wind images from the reef recovery   
Volvo Ocean Race: Team Vestas Wind recovered from reef   
RORC Transatlantic Race 2014 - Prizegiving   
Qingdao to continue as Asian ISAF Sailing World Cup venue   
2014 Rolex Sydney Hobart Race - Will it be Bash and Crash?   
Rolex Sydney Hobart Race: USA's RIO 100 trains off Sydney Heads   
Rolex Sydney Hobart Race - Weather early Xmas gift for small yachts   
2014 Rolex Sydney Hobart Yacht Race - Hollywood focused on victory   
Soldiering on in the 70th Rolex Sydney Hobart Yacht Race   
Mount Gay Round Barbados Race Series - Count down to Caribbean opener   
Barcelona World Race 2014-15 - The mental game + Videos   
Rolex Sydney Hobart: Jim Clark's thoughts on Comanche's maiden race *Feature   
St Thomas International Regatta announce sponsors   
2014 Rolex Sydney Hobart Yacht Race - Salt water therapy   
Soto 40 South American Tour - Coming soon   


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 WAS US
LocalAds   DE  ES  FR  IT