Rolex Sydney Hobart - Cougar II protest outcome surprise

by Bruce Montgomery on 27 Dec 2015 2015 Rolex Sydney Hobart Yacht Race - Protest No: 2 and 3 Hearings were held at CYCA on the 27th December 2015.

The two protests were held together as the covered the same incident.

Protest: 2 and 3 combined

• Cougar II 5200 v Lupa of London GBR 23N
• Lupa of London GBR 23N v Cougar II 5200

Facts Found:

1. As both protests relate to the same incident they were heard together with the consent of both parties.

2. Lupa of London was close hauled on starboard tack with Indian AUS 47 very closely overlapped to weather and Concubine YC45 very close overlapped to leeward.

3. Lupa of London was bigger than the overlapped boats and travelling up to two knots faster.

4. Cougar II had tacked on the exclusion zone boundary and was sailing close hauled on port tack for 30 - 60 seconds. She was confident of crossing the three starboard tack boats in a tight cross.

5. A collision occurred between the prod of Lupa of London and the starboard aft quarter of Cougar II resulting in damage to both boats.

6. Both boats retired from the race.

Conclusions:

1. Cougar II a port tack boat failed to keep clear of Lupa of London a starboard tack boat.

2. It was not reasonably possible for Lupa of London to avoid contact with Cougar II.

3. There was room for Cougar II to have tacked before the collision.

Rules that Apply

• RRS: 10, 14, 64.1(b) and the definition ‘Keep Clear’
• Yachting Australia prescription to RRS 67
• ISAF Cases 99 and 50 refer

Decision:

As both boats retired from the race for whatever reason no further penalty can be applied.

International Jury :

John Rountree (Chairman), John Kirkjian, Russell Green, Selvam Mookken, Tony Mooney

Signed:

John Rountree – Chairman - Date: 27th December 2015