America's Cup- Oracle crew member's penalty for cheating is reduced

by Richard Gladwell/Sail-World.com on 12 Dec 2014 The decision of the International Jury in the 34th America's Cup has been upheld by the Court for Arbitration of Sport in regard to findings that a member of the Oracle Team USA sailing crew cheated during an America's Cup World Series regatta.

Dutch sailor Dirk de Ridder denied the allegation and subsequent finding by the Jury, on the grounds that there was insufficient evidence. He had not sailed since the Jury Hearing and Decision, announced just before the start of the 34th America's Cup. Oracle Team USA was penalised $250,000 over the same cheating issue by the International Jury.

Several members of the Oracle Team USA shore crew were also found to have cheated by the International Jury, who imposed a suspension penalty applicable to the regatta only, and reported the matters and findings to the International Sailing Federation for further consideration and a wider penalty.

The tampering with the boats and deliberate deviation from the one design wing sailed catamarans sailed in America's Cup preliminary regattas extended to three AC45's - being two raced by Oracle Team USA and skippered by Jimmy Spithill and Russell Coutts. A third boat managed by Oracle Team USA for Ben Ainslie Racing was also involved. All three teams immediately executed a retrospective withdrawal from four America's Cup World Series regattas, and the prizes won were re-awarded and re-presented during the 34th America's Cup.

The world body for sailing's Disciplinary Committee initially imposed a five year ban on de Ridder, which was reduced to three years by the ISAF Review Board, which has now been reduced to 18 months suspension by the Court for Arbitration for Sport.

The Swiss-based body conducted its own Hearing on a 'de novo' basis and heard its own evidence, effectively re-hearing the case, rather than relying only on transcripts of interviews with various parties during the course of a six week process by the International Jury. The validity of those transcripts was challenged by all those who were named by the International Jury in its original decision. Former ISAF President, Paul Henderson, Team boss Russell Coutts and shore boss Mark Turner are believed to have also appeared in the CAS Hearing.

Sixteen months after the Chairman of the International Jury, David Tillett (AUS) announced its decision, for which it was widely attacked, the Court of Arbitration for Sport (CAS) has issued its decision in relation to the appeal filed by Dirk de Ridder (NED) against the Disciplinary Commission (DC) and ISAF Review Board decisions concerning the 34th America's Cup. The Decision, by the International Jury in regard to the reports of measurement irregularities reported to it by the America's Cup Measurement Committee, has been upheld and confirmed by CAS.

The Dutch sailor and former member of Oracle Team USA, Dirk de Ridder, has had his three-year suspension reduced to 18 months by the CAS.

Dirk de Ridder filed an appeal at the CAS in June 2014 against the decisions taken by the Disciplinary Commission and the Review Board in relation to the sailor's alleged involvement in the manipulation of the weight distribution of AC45 yachts used in the inaugural America's Cup World Series (ACWS) and the 2013 America's Cup. The ISAF DC found that he had committed a gross breach of the rule which requires boats to comply with class rules, as well as of good sportsmanship, had brought the sport into disrepute and was therefore open to sanction. The ISAF Review Board concurred and imposed a period of ineligibility of three years.

In appealing to the CAS, Dirk de Ridder sought to overturn such decisions on the grounds that they were based on insufficient evidence, that the imposed sanction was disproportionate and that the ISAF lacked jurisdiction.

The case was referred to a panel of CAS arbitrators: Mr Conny Jörneklint, Sweden (President), Ms Anita L. DeFrantz, USA, and the Hon. Michael J. Beloff QC, UK. The parties, their representatives and their witnesses were heard at a hearing held at the CAS headquarters on 1 and 2 October 2014.

The CAS Panel found that the ISAF had jurisdiction to issue its decisions, and also found, to its comfortable satisfaction, that Dirk de Ridder gave instructions, express or implied, to add weight to the forward king post of boat 4 at the Newport Regatta, part of the ACWS competition, held in June/July 2012. However, with respect to the sanction, the Panel found that a period of ineligibility of three years was disproportionate in light of the circumstances of the case and compared to previous sanctions imposed by the sailing federation in similar matters.

In the International Sailing Federation has not commented further except to say that it is pleased that the independent Court of Arbitration for Sport has agreed with its decision to take disciplinary action in this difficult case.

Prior to the ISAF process, under Rule 69 of the Racing Rules of Sailing, and ISAF Regulations, the Dutch National Sailing Federation decided to take no further action against Dirk de Ridder, however the International Jury had also made a report directly to the International Sailing Federation, which was acted upon by the world body.

The fate of the other sailors named by the International Jury is still in the hands of International Sailing Federation, and that is expected to be progressed now Court for Arbitration for Sport decision in regard to Dirk de Ridder has been announced.

There is no higher level of Appeal and the decision of CAS is final. Dirk de Ridder, a Dutch national sailing hero, is expected to resume his professional sailing career in February/early March, until now he has been prohibited from taking part in sailing events, however can coach outside a sailing regatta and attempt to earn an income in other ways from the sport.