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

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]  

The United States will be the second most heavily represented nation at the Star Sailors League Finals when they take place at Nassau in the Bahamas between December 1st and 7th. Reflecting the consistency, quality and number of sailors involved in the Star class, the United States has the largest representation in the Star Sailors League with 294 skippers and 376 crew. ... [more]  

AIRBUS and Oracle Team USA have forged a technology partnership. As Official Innovation Partner of Oracle Team USA for the 35th America’s Cup, AIRBUS will share the know-how of its engineers and experts in fields such as aerodynamics, instrumentation and simulation, composites, structures, hydraulics and data analysis to work with the Oracle Team USA design team. ... [more]  

Thursday has proved another dramatic day in the story of the 2014 Rolex Middle Sea Race. While yesterday (Wednesday) was a day of seamanship and survival as yachts battled storm force winds, it was also a day of arrivals as the same winds pushed competitors to the finish. ... [more]  

The Royal Malta Yacht Club has been a hive of activity both day and night, welcoming back yachts taking part in the Rolex Middle Sea Race. By Midday on Day Six 34 yachts have finished the race and 25 yachts have retired. Each and every sailor that has taken part, including those that are still out there, has a story to tell for years to come. ... [more]  

Ian Williams (GBR) GAC Pindar made a near perfect start to in the Argo Group Gold Cup in Bermuda yesterday. The British skipper who stands top of the the Alpari World Match Racing Tour and is second in the ISAF rankings, goes into today's remaining round robin flights leading group 1. ... [more]  

Volvo Ocean Race 2014-15, Onboard Team Brunel. 'At this rate, it will take a century before we get to Cape Town,' sighs Jens Dolmer, standing on the bow. He is trying in vain to push the flapping foresail outwards. There is hardly a breath of wind. In the distance, the sun is sinking into the ocean. ... [more]  

Over 100 riders from more than 20 different countries have already registered and over the two weeks will compete against each other in the pro, amateur, master, grand master, youth and women's fleets for the honor of becoming the Aloha Classic Champions. ... [more]  

After probably the toughest 24 hours in the 46 year history of the race, Lee Satariano's Maltese J/122, Artie finished the Rolex Middle Sea Race on Thursday 23 October 2014 at 00h 45m 5s in an elapsed time of 4Days 13hours 35mins and 05secs. ... [more]  

As of the 2140UTC report on Day 10 of the first Leg of the Volvo Ocean Race, the placings on the water on the water had not changed during the day, but the distances between the boats had reduced. The two easternmost boats, Abu Dhabi Ocean Racing continued to lead but is only 4nm ahead of Team Brunel with about 600nm to sail to the turning mark of Fernando de Noronha 220nm off the coast of Brazil. ... [more]  

Despite the best efforts of Tropical Storm Fay and then Hurricane Gonzalo, the Argo Group Gold Cup, the sixth stage of the 2014 Alpari World Match Racing Tour, set sail on Bermuda’s Hamilton Harbour today, albeit postponed by 24 hours. ... [more]  

Today, Ben Ainslie Racing (BAR) took to the water for the first time from their temporary base in Southampton, sailing their foiling AC45. The boat originally raced under BAR colours during the America’s Cup World Series in 2012-13, and has subsequently been modified to fly on hydrofoils. ... [more]  

The calm weather returned on day five of the La Torche PWA Grand Slam as the wave sailors recovered from yesterday’s punishing, but brilliant, conditions. After a chilly start, with the thermometer reading just five degrees celsius, the temperature soon rose with the appearance of the sun, making for another stunning autumn day. ... [more]  

Day five of the Rolex Middle Sea Race has proved a day of reckoning for the competing fleet. The forecast strong northwesterly wind has arrived and consistently blown over 25 knots with gusts exceeding 40 knots. The effect has been to catapult the previously slow moving yachts towards the finish line in Malta. ... [more]  

A day and a night of uncertainty - later, the Doldrums will come to an end for the Volvo Ocean Race teams. By tomorrow morning, the fleet should be sailing safely in the southeasterly trade winds. So – who won this equatorial lottery? What was the best place to cross this convergence zone, where two hemispheres and two weather systems collide? ... [more]  

Known for erratic light airs alternating with sudden gusts that can last a minute or an hour from the giant unstable vertical clouds, the Doldrums (aka more officially the Inter-Tropical Convergence Zone) are the unavoidable low-point of leg 1 of the Volvo Ocean Race for the determined men on Dongfeng. ... [more]  

Volvo Ocean Race 2014-15. Onboard Team Alvimedica. The synopsis is pretty straightforward: we are stuck in the Doldrums. Stuck, and stuck real good. All things considered, yesterday was actually pretty decent. We had a quick morning rainsquall that was able to power us south through the first line of ITCZ clouds already towering above our heads by 10AM. ... [more]  

Rolex Middle Sea Race - Artie gunning for glory by Media Royal Malta Yacht Club
Lee Satariano's Maltese J/122, Artie has emerged as the hot favourite to become the overall winner of the 2014 Rolex Middle Sea Race. However, at 16:00 CET, Artie was still 80 miles from the finish and the Mistral storm is still raging. In addition, there are several yachts behind Artie that could still claim the overall prize. ... [more]  

Volvo Ocean Race 2014-15, Onboard Team SCA. Today I would like to share another perspective with you. Given the kind messages from Team SCA followers that we have been receiving onboard (thank you!), it would seem daily reports from our onboard reporter Miss Halloran and our onshore media crew have been doing a wonderful job of sharing our journey thus far. ... [more]  

The 17th edition of the Rolex Farr 40 World Championship took place from 15-18 October in San Francisco, USA. Hosted by the St. Francis Yacht Club, the 2014 Rolex Farr 40 Worlds welcomed 19 international entrants - comprising teams from Australia, Canada, Germany, Italy, Mexico, Turkey and the United States. ... [more]  

After two days of intense racing at the 2014 RS:X Youth Worlds in Clearwater, both fleets have completed a full schedule of six light-wind races, and they’ve earned their lay day! Very light and shifty winds were forecast for the day, and it was a nice surprise to see a seven knot side-off breeze fill in early from the North. ... [more]  

Rolex Middle Sea Race - Big breeze and lumpy seas by Media Royal Malta Yacht Club
There are 92 yachts still racing in the Rolex Middle Sea Race. The expected frontal system arrived around Midnight last night at the northwest corner of the course. Reports of storm force winds and big seas have been received by the Race Committee and 25 yachts had officially retired from the race by 15:00 CET on Wednesday 22 October. ... [more]  

Justin 'Judd' Goldman was 17 years old when he suffered a disabling bone disease. After realizing that there were few sports that he could participate in he discovered sailing. Over the next 58 years he competed successfully in many races throughout the world. ... [more]  

Volvo Ocean Race: Blogs from the Boats - Leg 1, Day 10 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 10 of the Volvo Ocean Race - in text, images and video: You know when you try to stick two positive magnets together and regardless as to how close you get them they never touch? Well, the ITCZ is a bit like that. ... [more]  

Volvo Ocean Race: Leg 1 turns inside out in Doldums *Feature by Richard Gladwell, Sail-World.com/nz
As reported earlier Leg 1 of the Volvo Ocean Race would seem to have gone from being a tightly fought contest to being a procession to Cape Town. Even though only 40% of the course has been sailed, the distance between the boats are significant (other than the two lead boats) and look set to increase. ... [more]  

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
Volvo Ocean Race: Blogs from the Boats - Leg 1, Day 9 plus Videos *Feature
Rolex Middle Sea Race 2014 - Fight to the finish
Student Yachting World Cup - Fourth race day + Video
New improved swell forecasting and more locations from PredictWind
Volvo Ocean Race: Day 9 final report - Lead continually changing   
Renaissance Re Junior Gold Cup - An opportunity for growth   
Volvo Ocean Race: Fleet charges the door of the Doldrums Casino *Feature   
La Torche PWA Grand Slam - Light winds on day 3   
Volvo Ocean Race: Navigators throw away the routing textbook   
Volvo Ocean Race - The Doldrums, a navigational nightmare + Video   
Rolex Middle Sea Race - Maltese yachts top the leader board   
Star Sailors League Finals - Torben Grael and Jorge Zarif join fleet   
Volvo Ocean Race - Team Alvimedica heads for the Doldrums   
Volvo Ocean Race - Team SCA, a crew on a mission   
Thailand bids for 2016 IODA ‘Optimist’ World Championships   
Farr 40 Worlds: Prizegiving images from the Final day in San Francisco   
Bill Green - builder and sailor passes on   
ISAF World Sailing Rankings – 20 October 2014   
Farr 40 Worlds: Images from the Final day in San Francisco *Feature   
Farr 40 Worlds: Images from Day 2 in San Francisco *Feature   
Rolex Middle Sea Race 2014 - A hard day's night   
34th Student Yachting World Cup 2014 - Second race day   
Volvo Ocean Race: Dongfeng loses lead, anyone's race ahead of Doldrums *Feature   
Flying Dreams 'An Ocean Story': The Movie   


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