America's Cup: Interview expletives referred to Arbitration Panel

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An unnamed party has lodged a complaint with the Arbitration Panel for the America's Cup over the exchange between INEOS Britannia skipper, Ben Ainslie and a New Zealand television commentator.

The case, which has been published on the online Notice Board for the regatta, is anonymous in that it does not state who lodged the complaint/report. When contacted by Sail-World, David Tillett, the Chairman of the Arbitration Panel advised that it was not one of the teams competing in the America's Cup Regattas. It is believed the complainant has no connection with the Event.

After a brief live interview following Sunday's America's Cup race, the Ainslie reacted to a statement that appeared to imply that the communications off the British Challenger indicated the crew did not believe their AC75 was as fast as the Team New Zealand Defender.

“Are you still believing you’re as close when it comes to performance as I get that feeling coming off your boat?”

INEOS Britannia, had just been beaten for the third successive race in the America's Cup Match. Ainslie was clearly still absorbing the implications of that result, and clearly didn't appreciate the acerbic comment.

He bit back with a comment saying "maybe that’s the Kiwi commentator in you", and the interview ended less than a minute later.

As he climbed out of the helmsman's cockpit the Brit, who was knighted in 2012 after winning his fourth Olympic Gold medal, was heard to mutter “F*****g W****r", and the comment was picked up by a still live microphone and went out on the host broadcast of the event.

While the matter received widespread comment in mainstream and sailing media, it was believed to have died a natural death.

However an unnamed party made a complaint to the Arbitration Panel for the America's Cup Regatta, under Rule 69 Misconduct of the Racing Rules of Sailing - America's Cup edition.

Rule 69 complaints are a very serious matter, with very significant ramifications.

The rule covers defines Misconduct as:

• conduct that is a breach of good manners, a breach of good sportsmanship, or unethical behaviour; or
• conduct that may bring, or has brought, the sport into disrepute.

In its deliberations, the three person Arbitration Panel consisting of three highly experienced judiciary at Olympic and America's Cup level, also considered a comment, which contained an expletive, made by New Zealand skipper Peter Burling which was also picked up by a live onboard microphone, and included in the live broadcast feed.

The panel declined to allow the matter to proceed further into the subsequent stages of the process prescribed by World Sailing the international controlling body for the sport.

"The Arbitration Panel determines that neither Ben nor Peter committed misconduct under Racing Rules AC Rule 69. The broadcast has not caused widespread offence and has not brought the sport into disrepute. Accordingly, the Arbitration Panel has determined that the matter is not referred to an Event Disciplinary Investigating Officer under World Sailing Disciplinary Code 35.4.3. "

The full Case and Decision can be read by clicking here